A Federal Court of Appeal judge says the cull of about 400 ostriches at a British Columbia farm hit by avian flu must be allowed to proceed, in a ruling that dismisses the farm’s bid for a stay of execution.

Justice Gerald Heckman says in Friday’s ruling that Universal Ostrich Farms in Edgewood, B.C., also failed to establish any “serious or arguable issue” that needs to be addressed by the Supreme Court of Canada.

He says that while he has sympathy for the farmers, they were given “full and meaningful opportunity” to challenge the lawfulness of the cull ordered by the Canadian Food Inspection Agency and they had not succeeded.

Katie Pasitney, the spokeswoman for Universal Ostrich Farms, says the ruling means an interim stay granted last weekend to give the farm time to make legal submi

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