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The owners of an ostrich farm in British Columbia are taking the federal government to court over last year’s controversial slaughter of their flock following a bird flu outbreak.

Universal Ostrich Farms co-owner Karen Espersen and her daughter, family spokesperson Katie Pasitney, said in social media statements Monday that a multi-million-dollar civil claim was filed in British Columbia Supreme Court against the Canadian Food Inspection Agency (CFIA), Attorney General Sean Fraser, and the Royal Canadian Mounted Police (RCMP).

The lawsuit, which names Universal Ostrich Farms Inc. and Landco Ventures Inc. as plaintiffs, argues the Edgewood, B.C., business was destroyed following an “invasive” 52-day occupation of the property that saw the forced cull of hundreds of ostriches a year ago after avian flu was discovered on the farm late in 2024.

Cull ordered following infections and deaths

The CFIA issued the farm a Notice of Disposal on Dec. 31, 2024, with a deadline of Feb. 1, 2025, to cull all affected ostriches. By the end of January 2025, 69 birds died of the flu-like illness.

The owners immediately went to court to fight the forced cull, but they ultimately lost their case.

“Allowing a domestic poultry flock known to be exposed to (highly pathogenic avian influenza) to remain alive allows a potential source of the virus to persist,” the CFIA said in a May 2025 statement following the court’s ruling.

“It would increase the possibility of reassortment or mutation, particularly with birds raised in open pasture where there is ongoing exposure to wildlife. This could also increase the human health risk.”

A last-ditch effort to stop the cull was thwarted when the Supreme Court decided not to hear the appeal .

Espersen and Pasitney said in a statement shared to Facebook that they want “justice, accountability, and meaningful policy change” a year after the “devastating destruction” of their ostriches and eggs.

“Virus control and animal cruelty should never go hand in hand,” they wrote. “Science must come before destruction, and government power must never be above accountability.”

They allege the CFIA and RCMP obtained search warrants in early September 2025 following a sworn statement from Heather June Willis, an investigation specialist for the food inspector. The property was then searched “without prior notice” and continuously occupied until the cull occurred.

Offer didn’t reflect fair market value, claim says

The farmers say they were denied compensation after the CFIA offered $942,000 — $3,000 per ostrich — for the slaughter of 314 birds of the 351 on the farm, arguing the sum didn’t reflect fair market value.

The suit also claims that the ostriches were inhumanely handled “contrary to internal guidelines and common law” as well as numerous birds going missing.

The CFIA seized about 1,200 ostrich eggs without lawful authority or compensation, the claim states, which were to be used in the farm’s future dietary supplement and pill product which would generate an estimated $200 million in revenues.

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The companies also allege the property was damaged before and during the cull, and are seeking monetary compensation for trespass, nuisance, intrusion upon seclusion, and permanent real property devaluation.

“The outcome at our farm does not erase responsibility.” said Espersen and Pasitney. “When enforcement shortcuts due process, everyone becomes vulnerable. If we fail to learn from this tragedy, we risk allowing it to happen again.

“This lawsuit is about more than compensation. It is about protecting rights, demanding transparency, and ensuring no other family or animals endure what we experienced.”

Seeking compensation for loss of birds and eggs

The mother and daughter want the court to order the defendants to remove all encroachments and remediate the property, and a complete accounting and return or compensation for all removed documents, materials, birds, and eggs.

They are seeking general, special, punitive, and exemplary damages for trespass, harassment, intrusion upon seclusion, negligence, and Charter breaches.

“We cannot bring back our 351 ostriches, but we can fight to ensure their suffering was not in vain. Their voices were silenced, but their legacy will drive change.”

The CFIA said the farm was released from quarantine on Aug. 31 in what the agency said is the last step in disease control measures at the property under the Health of Animals Act.

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