Executive Summary: Key Legal and Evidentiary Issues

• Judicial review focused on the reasonableness of administrative decisions by the Canadian Food Inspection Agency (CFIA) under the Health of Animals Act.

• The appellant challenged the CFIA’s order to destroy its ostrich flock following confirmation of highly pathogenic avian influenza (HPAI).

• The court assessed whether the appellant was entitled to a stay of proceedings pending an application for leave to appeal to the Supreme Court of Canada.

• Arguments centered on irreparable harm to the appellant versus the risk to public and animal health and Canada’s poultry industry.

• The court applied the tripartite test for granting a stay, including the seriousness of the issue, irreparable harm, and balance of convenience.

• No costs or damages were awarded in the decision.

Facts and outcome of the case

Background and facts

Universal Ostrich Farms Inc. operated a farm where, in late 2024, laboratory testing confirmed the presence of the H5N1 strain of highly pathogenic avian influenza (HPAI) in two dead ostriches. Acting under the Health of Animals Act and its Highly Pathogenic Avian Influenza 2022 Event Response Plan, the Canadian Food Inspection Agency (CFIA) issued a notice requiring the destruction of all ostriches on the farm. The CFIA also denied a request from the farm to exempt some birds from destruction. These decisions were made to prevent the spread of HPAI and protect public and animal health, as well as Canada’s poultry industry and international trade interests.

Universal Ostrich Farms Inc. sought judicial review of the CFIA’s decisions in Federal Court, which dismissed the application. The farm appealed to the Federal Court of Appeal, which also dismissed the appeal. The farm then sought a stay of proceedings to prevent the CFIA from enforcing the destruction order while it prepared an application for leave to appeal to the Supreme Court of Canada. The farm argued that destruction of its flock would cause irreparable harm, including loss of unique genetic resources and business opportunities, and render moot any further legal proceedings.

Legal issues and arguments

The central legal issue was whether the court should grant a stay of the CFIA’s order pending the farm’s application for leave to appeal. The court considered whether the appeal raised a serious issue, whether the appellant would suffer irreparable harm if the stay was refused, and whether the balance of convenience favored granting the stay. The farm argued that the case raised important questions about the standard of review for discretionary administrative decisions, the scope of ministerial discretion under the Health of Animals Act, and the obligations of administrative decision-makers to reconsider emergency orders in light of new evidence.

The CFIA countered that the destruction order was a reasonable exercise of its statutory authority, that the risk of harm to public and animal health and the poultry industry outweighed the farm’s interests, and that the farm had not demonstrated a legal entitlement to further reconsideration of the order.

Outcome and reasoning

The court dismissed the appellant’s motion for a stay. It found that the appeal did not raise a serious or arguable issue warranting leave to the Supreme Court of Canada, as the legal framework for reviewing discretionary administrative decisions was clear and had been properly applied. The court accepted that the destruction of the flock would cause irreparable harm to the farm, but concluded that the balance of convenience strongly favored the CFIA and the public interest. The court emphasized the high risk of HPAI transmission, the potential impact on public health and Canada’s poultry exports, and the need to uphold the CFIA’s mandate to control animal disease outbreaks.

No costs or damages were awarded in this decision. The court’s order allows the CFIA to proceed with the destruction of the ostrich flock in accordance with its policy and statutory authority.