The fate of 400 ostriches in Edgewood has been handed down, as the federal court dismisses Universal Ostrich Farm Inc.’s request to stop the cull.
The Canadian Food Inspection Agency (CFIA) ordered the cull in December 2024 after the farm experienced an avian flu outbreak. The farm owners filed an injunction to stop the order on January 30, which was granted, pending judicial review.
Universal Ostrich argued that while part of its farm was infected by avian flu, the flock has since built herd immunity and remains healthy today, and therefore should be saved.
But, in a judgment handed down on May 13, the federal court sided with CFIA, saying Universal Ostrich failed to supply sufficient evidence to satisfy criteria that would grant an exemption.
The Honourable Judge Russell Zinn said that CFIA’s decisions were reasonable and procedurally fair, and while Universal Ostrich has maintained that its flock is healthy and recovered from the avian flu outbreak, the notice of disposal and denial of the farm’s exemption didn’t happen until December 2024 and January 2025.
Because of this, Judge Zinn said the courts can’t consider new evidence, such as the current health status of the ostriches, submitted before January 10.
“If courts conducted judicial review with information that did not exist at the time of decision-making, they would be faulting decision-makers for lacking a crystal ball. No one has the gift of foresight, so courts must avoid reviewing decisions through the lens of hindsight.”
He also ordered Universal Ostrich to pay $15,000 to cover CFIA’s legal costs.
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