A year after Canada culled more than 300 ostriches on a British Columbia farm over bird flu, the owners are suing, claiming 37 birds are unaccounted for and 1,200 eggs were seized and never returned or paid for

Ostriches are flightless birds, but a question that has now resurfaced is: where did they fly off to? As reported by CBC News, in British Columbia, Canada, a dispute that began with an outbreak of bird flu on an ostrich farm has now found its way into another courtroom, almost a year after hundreds of the birds were killed under a government order. The owners of the farm are now suing Canadian authorities, alleging that 37 ostriches have gone unaccounted for and that approximately 1,200 eggs seized during the operation were never returned or compensated for.The eggs, according to the owners, were also central to a planned scientific and commercial venture involving the development of dietary supplements, a business they say could have generated millions in revenue. The new lawsuit has consequently reopened questions about what happened at the farm, the handling of the birds and the consequences of the decision to cull them. The farm, Universal Ostrich Farms, is located in Edgewood, British Columbia, and is owned by Karen Espersen and Dave Bilinski. The dispute dates back to December 2024, when an outbreak of highly pathogenic avian influenza (HPAI), commonly known as bird flu, was detected among the ostriches.The Canadian Food Inspection Agency (CFIA) became involved after reports of illness and deaths were reported among the flock. According to the agency, two ostrich carcasses tested positive for the H5N1 strain of avian influenza on December 31, 2024, following which it issued an order requiring the farm to dispose of the remaining birds by February 1, 2025. The outbreak had already taken a considerable toll on the flock, with around 70 ostriches dying during the period of infection. However, the owners disagreed with the decision to destroy the surviving birds, arguing that many had recovered and that the remaining flock was healthy. The matter then became a prolonged legal dispute, with the farm challenging the CFIA’s decision through the Canadian courts. In May 2025, the Federal Court dismissed the farm’s applications for judicial review.By November 2025, the legal battle had reached its conclusion, and the CFIA moved forward with the destruction of the remaining ostriches. However, the farm owners have now come forward to allege that the number of birds accounted for during the operation does not match the number they say were present on the property. According to the lawsuit, 351 ostriches were on the farm when authorities executed their warrants, but compensation was offered for only 314 birds. The owners say this leaves 37 ostriches unaccounted for and that the agency has not provided a satisfactory explanation for the discrepancy. The compensation reportedly offered was $3,000 per bird, amounting to $942,000 for the 314 ostriches. However, this offer was rejected by the owners.But there are accounts of the flock’s numbers that differ considerably. In an update published in October 2025, the CFIA said its estimates placed the number of birds on the property between 300 and 330, adding that the farm had not provided the flock records it had requested. The agency said it could not determine whether the difference between its estimates and the owners’ earlier figures resulted from an overreported flock size or deaths that had not been reported.The farm says it had invested in developing the product and was close to launching it when the eggs were seized. It has projected that the venture could have generated more than $200 million in revenue and is now seeking damages for the alleged loss of this business opportunity. The owners argue that the seizure and subsequent disposal of the eggs effectively brought the enterprise to an end. The CFIA, however, has stated that it did not receive documentation demonstrating that the farm was conducting the claimed research or preparing to launch such a product. While this influenza primarily affects birds, certain strains can still infect mammals, including humans. The CFIA has maintained that its decision to order the cull was guided by the need to eliminate the infection from the affected premises and reduce the possibility of further transmission.The latest lawsuit was reportedly filed on October 30, 2026, by Universal Ostrich Farms and Landco Ventures, the company that owns the property leased to the farm. The defendants include the Canadian Food Inspection Agency, the federal government and the Royal Canadian Mounted Police (RCMP). The CFIA has confirmed that it is aware of the lawsuit and will respond in due course, while the RCMP had not provided a comment to CBC at the time of its report. While the allegations are yet to be tested in court, the lawsuit has brought the controversial culling operation back into focus.