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A B.C. ostrich farm at the centre of a culling controversy that made headlines around the world has filed a lawsuit against the federal government and the B.C. RCMP.
A protracted 10-month legal battle to save Universal Ostrich Farms’ bird population in Edgewood, B.C., ended in November last year when more than 300 ostriches were culled in response to an avian flu outbreak that led to the deaths of 70 birds.
The farm’s owners Karen Espersen and Dave Bilinski had argued the cull was unnecessary because the remaining flock was healthy and had herd immunity.
The notice, filed in the Supreme Court Friday on behalf of Universal Ostrich Farms Inc. and its owner Landco Ventures makes a number of claims against the Canadian Food Inspection Agency (CFIA) and RCMP, including an allegation that during quarantine and slaughter operations, 37 ostriches went missing and remain unaccounted for.
“CFIA failed to maintain a proper and comprehensive inventory of all animals in its custody,” the notice says.
It says Espersen and Bilinski were offered compensation of $3,000 per bird for 314 birds — a total of $942,000.
“At the time CFIA exercised the warrants 351 birds were located on the property,” it reads.
“The full extent of missing birds has not been disclosed to Universal, and CFIA has provided no satisfactory explanation for the discrepancy.”
Diet pill ‘on the cusp’ of launching
The court filing says the couple were never compensated for 1,200 ostrich eggs allegedly seized by the CFIA as part of the culling operation.
“The eggs have not been returned. CFIA has provided no justification for the retention or disposition of the eggs” the claim reads.
Those eggs, it goes on to say, formed part of a “commercial enterprise” which included the development of a dietary supplement pill that the farm was “on the cusp” of launching.
The company claims the venture was projected to generate $200 million in revenue.
“CFIA bears liability in negligence for the full measure of this commercial loss,” the document says.
The claim against the CFIA and RCMP includes allegations of cruelty towards the farm’s ostriches in the lead-up to the mass cull. (Aaron Hemens/Canadian Press)
Espersen and Bilinski have previously stated their farm pivoted from meat production to scientific research during the COVID-19 pandemic.
A close examination of scientific claims made by Espersen and Bilinski through their company Struthio Bioscience Inc, was carried out by the CBC’s fifth estate earlier this year.
It revealed discrepancies and exaggerations, and included an interview with ostrich antibody researcher Yasuhiro Tsukamoto, who said plans to use the ostrich eggs to mass-produce antibodies for weight-loss supplements were called off once the flock became exposed to avian flu.
That investigation also found that over a three-year period, courts had ordered Espersen and Bilinski and their companies to pay creditors nearly $500,000, money Bilinski said they intended to pay back.
Allegations of animal cruelty, trespass
The claim against the CFIA and RCMP also includes allegations of cruelty towards the farm’s ostriches by CFIA personnel in the lead-up to the cull.
“The manner in which animals were handled, quarantined, and destroyed was contrary to applicable law [and] contrary to CFIA’s own operational guidelines on humane handling,” it says.
Complaints against the RCMP include an allegation that officers occupied the farm “24 hours a day without consent” between Sept. 22 and Nov. 13, 2025.
The CFIA and RCMP have 21 days to respond to the claim.
In a statement provided to CBC News, the CFIA said it was aware of the lawsuit and would respond in due course.
The B.C. RCMP was also contacted but did not provide comment before deadline.
