BC Ostrich Farm Files Multimillion-Dollar Lawsuit Against Federal Agencies Over Cull

A British Columbia ostrich farm has filed a multimillion-dollar civil lawsuit against the federal government and the B.C. RCMP, nearly a year after a government-ordered cull of its flock captured international headlines.

The civil lawsuit filed in the Supreme Court of British Columbia on Oct. 30 by Universal Ostrich Farms Inc. and its parent company Landco Ventures Inc. is claiming $200 million in commercial losses following the November 2025 cull of their ostrich flock in Edgewood, B.C.

Ten months of courtroom battles to save the farm’s flock from being euthanized concluded last November, when more than 300 ostriches were culled in response to an avian flu outbreak that killed nearly 70 birds between December 2024 and mid-January 2025.

The owners of the farm, Karen Espersen and Dave Bilinski, argued the cull was not necessary because the 314 birds who survived the outbreak were healthy and had developed herd immunity.

The statement of claim names the Canadian Food Inspection Agency (CFIA), the Attorney General of Canada, and the RCMP as defendants, and outlines allegations against the federal government and police force.

The plaintiffs allege that 351 ostriches were on the property when federal authorities took custody of the flock, but that the CFIA accounted for only 314 birds during the culling operation, leaving 37 unaccounted for.

The lawsuit says the owners were only offered compensation for 314 birds instead of for the full flock.

“No proper inventory, chain of custody, or accounting record was maintained by CFIA with respect to all animals subject to its custody and control,” the lawsuit reads. “The full extent of missing birds has not been disclosed to Universal, and CFIA has provided no satisfactory explanation for the discrepancy.”

The farm was slated to receive $3,000 in compensation per bird for a total of $942,000, but the owners argue that the statutory compensation offered by the government does not reflect the fair market value of the animals.

The lawsuit also cites the “unlawful seizure” of 1,200 ostrich eggs by the CFIA. The owners allege that the seized eggs were central to a proprietary dietary supplement venture that was nearing its planned launch. They argue the seizure derailed the business, which they projected could generate $200 million in revenue, and are seeking damages for the anticipated commercial losses.

The claim also includes allegations of animal cruelty regarding the handling and execution of the birds by professional marksmen.

The lawsuit accuses CFIA of conducting operations “involving inhumane handling, improper quarantine conditions, and inhumane destruction” of Universal’s flock and also says the RCMP set up a heavy command post and checkpoints on the farm’s private land. It alleges this disrupted the owners’ privacy and restricted their movements during the final weeks leading up to the Supreme Court decision and the subsequent cull.

The plaintiffs are seeking general, punitive, and exemplary damages for the alleged trespass, negligence, and Charter breaches.

The allegations have not yet been proven in a court of law and the CFIA and RCMP have 21 days to respond to the claim.

The B.C. RCMP declined to comment on the allegations contained in the lawsuit.

“The RCMP is aware of the Notice of Civil Claim, but, as we are subject to it and the court process, it would be inappropriate for us to comment,” a spokesperson said via email. “Once served, the Department of Justice will review the claim and a statement of defence for the RCMP will be issued through the appropriate court process.”

The food inspection agency also told The Epoch Times it is also aware of the civil suit.

“The CFIA will respond to the allegations through the court process in due course,” the agency said in an email.

10-Month Battle

The dispute between the farm and the CFIA first began in December 2024 after the owners alerted a veterinarian about two sick birds on-site.

The CFIA contacted the farm before the owners had received a response from the vet, saying it had received an anonymous tip suggesting the flock was infected with H5N1, commonly referred to as avian influenza.

The agency obtained samples from the two ostriches, which later died, and confirmed the presence of the virus. Sixty-nine of the animals died in the months following, although only two tested positive for avian flu.

CFIA protocol called for the slaughter and disposal of the remaining birds, but Universal Ostrich Farms successfully obtained a court injunction pending a judicial review and a 10-month battle in court ensued.

CFIA officials initially arrived at the farm on Sept. 22, 2025, with a police escort, to make arrangements for the cull, but a Supreme Court’s stay order provided the farm a temporary reprieve. The farm remained under CFIA control while awaiting the court’s decision.

The Supreme Court on Nov. 6, 2025, dismissed the farm’s application for leave to appeal a  lower court ruling that upheld the CFIA’s decision to cull the flock. The court also dismissed the farm’s request for a stay of execution, clearing the way for the agency to proceed with the cull.

Professional marksmen, supported by the RCMP, began culling the birds inside a specially constructed straw bale holding enclosure that evening.

The cull cost $6.8 million, according to government documents.