Tribunal upholds $10K fine for B.C. ostrich farm over failure to report sick birds

The Canada Agricultural Review Tribunal has upheld a $10,000 fine handed to the British Columbia ostrich farm whose flock of more than 300 birds was culled last fall, nearly 11 months after the confirmation of an avian influenza outbreak.

The Canadian Food Inspection Agency issued the fine alleging Universal Ostrich Farms violated the Health of Animals Act by failing to report sick and dying birds on the property in southeastern B.C. in December 2024.

The tribunal’s decision says the CFIA was instead alerted by an anonymous caller saying they believed the ostriches were sick with avian flu on Dec. 28 that year.

The decision posted online and dated Dec. 11, 2025, says the farm requested the tribunal review the CFIA’s violation notice, arguing it “did its best” given the owners thought the ostriches had a non-reportable disease and they had attempted to reach at least two veterinarians who were not available at the time.

But tribunal chair Emily Crocco found the farm, co-owned by Karen Espersen and Dave Bilinski, was negligent in its duty under the federal legislation.

The decision says the farmers purport to be experts in ostrich health and welfare, and knew their birds were sick, “yet they failed to exercise the same level of adherence to the (law) that a reasonably prudent person would have done in a similar situation.”

The CFIA operates a “Sick Bird Line” that anyone can call in order to report a diseased bird to a veterinary inspector, Crocco wrote.

“All the (farm) had to do was immediately make a call to that phone number and inform them of any of the facts indicating the potential presence of a reportable disease.”

In doing so, the farm would have met its obligations under federal law, the decision says.

There was no evidence the veterinarians the farmers did try to reach were veterinary inspectors as defined by the Health of Animals Act, it adds.

Crocco notes in the decision that she did not agree with the CFIA’s assertion that the farm’s violation in failing to report sick ostriches was intentional.

But it was “nevertheless, certainly negligent,” she wrote.

Ostriches at the farm went on to test positive for highly pathogenic avian influenza, and as a result, Crocco says she found the violation “could have led to serious or widespread harm to human or animal health.”

The CFIA issued a cull order for the flock on Dec. 31, 2024, prompting the farmers to launch a battle in court and on social media in an effort to save the birds.

Marksmen used rifles to carry out the slaughter in drenching rain on Nov. 6, after the Supreme Court of Canada ruled it would not hear the case.

This report by The Canadian Press was first published Jan. 16, 2025.

The Canadian Press