The Federal Court of Appeal has rejected a bid by a British Columbia ostrich farm to prevent the culling of its flock that had been infected with avian flu, in a case that has drawn international attention and protests about government overreach.

But a spokeswoman for Universal Ostrich Farm said they would fight on by seeking another court stay, while encouraging supporters to converge on the farm in Edgewood, B.C., to protect the ostriches.

The court on Thursday denied an appeal by the farm against an earlier Federal Court decision, rejecting an application for judicial review of the planned cull of about 400 birds.

The ruling says the cull was ordered by the Canadian Food Inspection Agency on Dec. 31 last year, 41 minutes after samples from two dead ostriches came back positive for H5

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