The lawyer for a British Columbia ostrich farm says the operators hope to have their case heard by the Supreme Court of Canada after losing an appeal to halt the cull of its flock that suffered an avian flu outbreak.

Umar Sheikh says he’s working with Universal Ostrich Farms on an application to the top court for a stay of the cull, pending an application seeking leave to appeal.

He acknowledges the threshold to have a case heard by the Supreme Court of Canada is high and says it’s too soon to discuss what arguments they intend to make.

The Federal Court of Appeal on Thursday rejected the farm’s bid to prevent the cull of nearly 400 animals, which was originally ordered by the Canadian Food Inspection Agency last December after two dead birds at the property tested positive for H5N1 avi

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