Creditors want first dibs on possible $900,000 federal payment to BC ostrich farm

Days after the Canadian Food Inspection Agency culled more than 300 ostriches at the Universal Ostrich Farm, a former business associate filed a garnishing order in an attempt to claw back the $34,000 the farm owners owe him.

On Nov. 10, former business associate Ariton Talica filed in the BC Supreme Court, naming the Canadian Food Inspection Agency to pay him first before giving any money to the Universal Ostrich Farm owners, Dave Bilinski and Karen Espersen.

In October 2023, Talica got a judgment against Universal Ostrich Farms for $30,677 after a business deal went sour.

More than two years later, and despite the fact that Universal Ostrich Farms says it’s raised $130,000 in donations, Talica hasn’t seen a penny.

He’s one of three creditors owed roughly $250,000 who have sued the Universal Ostrich Farm in the last two years.

A pair of Fort St. John businessmen have been granted a $140,000 judgment against the Universal Ostrich Farm, and another creditor has a $80,000 judgment issued last spring.

Whether any of those owed money will see their garnishing orders be successful remains to be seen.

Court documents from May say the Canadian Food Inspection Agency was prepared to compensate the farm owners up to $3,000 per bird. With 314 ostriches killed, the cull could net them $942,000.

However, it’s unclear whether the Canadian Food Inspection Agency will pay up as court documents say the compensation is tied to compliance with its directives.

When the first ostriches died of bird flu last December, the owners kept it quiet and the Canadian Food Inspection Agency was only alerted when it was tipped off.

“Universal Ostrich Farm has not cooperated with the requirements set out under the Health of Animals Act. The farm owners failed to report the initial cases of illness and deaths to the CFIA… (and) after being placed under quarantine as an infected place, Universal Ostrich Farm failed to adhere to quarantine orders,” a Canadian Food Inspection Agency statement from May states.

The farm was fined $20,000 for failing to adhere to the quarantine orders.

“The farm also failed to undertake biosecurity risk mitigation measures. This includes a failure to address significant biosecurity hazards such as the accumulation of manure, the encouraging of wild birds to feed with the ostriches and the improper handling and disposal of deceased animals that have been infected with or exposed to HPAI,” the agency said. “These actions significantly increase the risk of disease transmission and reflect a disregard for regulatory compliance and animal health standards.”

The farm then encouraged supporters to congregate at the farm – and donate money to them.

Despite the threat caused to the country’s $6.8 billion poultry and egg industry, the Canadian Food Inspection Agency told iNFOnews.ca in an email that the farm would now be able to make a formal request for compensation, which would be reviewed under the Compensation for Destroyed Animals and Things Regulations.

“While compensation may not offset the emotional toll of depopulation, it can provide resources to recover and reestablish operations,” the agency said in the email.

While the Universal Ostrich Farm has numerous creditors, according to its website, it’s raised $132,000 in donations.

The farm didn’t respond to iNFOnews.ca‘s questions about whether it would use the funds to pay back people it owes money to.

Bilinski, Espersen and the Universal Ostrich Farm have a lengthy history of litigation and court records show that between them they have been involved in dozens of court cases.

Espersen currently has an ongoing case against her sister who bought Espersen’s property when she went into foreclosure in 2013 with $380,000 mortgage outstanding.

In 2021, Espersen sued her sister, saying the deal was for the property to be transferred back into her name following certain conditions. The matter is scheduled to go to trial next April in Vernon.