OTTAWA - The Canadian Food Inspection Agency says material submitted by a British Columbia ostrich farm to support another stay of an avian flu cull order for its flock is improper, because it asks the court to decide on a matter of science.

The lawyer for Universal Ostrich Farms in Edgewood, B.C., had written to the Federal Court of Appeal on Wednesday seeking "retroactive" permission for having submitted the documents four hours late.

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