Creditors are targeting Universal Ostrich Farms, a prominent ostrich farm in southeastern British Columbia, amid a cull controversy. This arises over unpaid bills and a potential cull ordered by the Canadian Food Inspection Agency (CFIA) due to avian flu risks.
Background of the Cull Controversy
The CFIA has proposed the destruction of over 300 ostriches at Universal Ostrich Farms, located in Edgewood, B.C., approximately 100 kilometers east of Kelowna. The agency’s directive was first issued in December 2024, following the detection of avian flu among the flock.
As creditors chase debt repayment, they hope the CFIA can assist in recouping more than $250,000 owed by the farm. The owners, Karen Espersen and Dave Bilinski, have sought public support to contest the cull, stating their financial issues are separate from the fate of the ostriches.
Legal Actions Against Universal Ostrich Farms
- At least three creditors have taken legal action against Universal Ostrich Farms in the past two years.
- Steven Cope, representing some creditors, notes this is a unique case, with the farm’s only assets being the birds under quarantine.
- Two creditors have filed garnishee orders against the CFIA to intercept any compensation if the cull proceeds.
Debts and Judgments
Steven Cope’s clients, Rudi George and Roman Stadler, won a $140,000 judgment against Universal Ostrich Farms in May 2023. They entered into a deal worth $126,399 for the supply of ostriches but claimed they received only $5,000 in return.
Another creditor, David Goranson, has a $60,000 judgment due to a loan provided to assist farm operations. He received a judgment of over $80,000 in May 2024, with frustrations expressed about non-payment. He is also pursuing a garnisheeing order against the CFIA.
Current Situation and Financial Implications
The CFIA’s decision on the proposed cull is currently on hold pending a Supreme Court appeal from the farm’s owners. Legal documents indicate that the compensation for any culled birds is limited to $3,000 per animal, contingent on compliance with CFIA guidelines.
Cope stated that although attempts to garnishee the company’s bank accounts have yielded no results, creditors are watching closely as the situation unfolds. The primary asset appears to be the ostriches, complicating the creditors’ recovery efforts.
The Perspective of the Farm Owners
Espersen and Bilinski emphasize the importance of preserving the ostrich flock, arguing for their role in scientific research and food security. They claim all raised funds are transparently allocated for legal and operational costs related to the animals.
Bilinski recently stated that the farm transitioned to scientific research partnerships, which they argue is crucial to preventing economic harm. However, the court has questioned the viability of this claim regarding profitable operations.
Additional Creditor Issues
A third creditor, Ariton Talica, has also engaged in legal proceedings against Universal Ostrich Farms, with a judgment of $30,677 awarded in October 2023. He faced complications from a previous agreement to house ostriches on a consignment basis.
Talica criticized the farm’s business practices and noted the inevitability of the birds’ slaughter, emphasizing they are not raised as pets.
Conclusion
The situation surrounding Universal Ostrich Farms highlights a complex intersection of agricultural practices, legal disputes, and financial instability amid public health concerns. As the potential cull looms, the fates of both creditors and the ostrich flock remain uncertain.
