Another violation and accompanying $10,000 fine against Universal Ostrich Farm has been contested and this time ruled out.
The Edgewood farm again challenged a Canadian Food Inspection Agency (CFIA) Notice of Violation and sought a second review by the Canada Agricultural Review Tribunal.
This time the violation in question was for not following quarantine requirements under the Health of Animal Regulations.
Tribunal member Patricia Farnese ruled last Friday, Feb. 6, that the violation and fine are set aside.
Her decision was made strictly on the procedural basis that CFIA did not properly serve the quarantine notice in person to the farm. CFIA instead sent the notice by email on Dec. 31, 2024, the day after verbally informing them of the quarantine requirement.
“The agency’s failure to personally deliver the quarantine notice as mandated by subsection 91.4 of the HA Regulations is fatal to its case,” Farnese’s decision reads.
CFIA argued that “ice and snow made it difficult to access the property.” Yet, evidence cited by Farnese shows staff made multiple visits to the property to conduct inspections and monitor the quarantine.
“Email service, even to Universal’s counsel, does not satisfy the personal delivery requirement,” Farnese said. “Without proper service of the quarantine notice, any contraventions alleged to have occurred between Feb. 6 and Feb. 26 cannot stand.”
The initial quarantine notice was amended several times and each updated notice was emailed to Universal Ostrich Farm. The final notice was emailed Feb. 6, 2025, and CFIA served a physical copy of the notice on Feb. 26 the same year.
The latest decision follows Tribunal chairperson Emily Crocco’s decision to uphold the violation and fine in her Dec. 11, 2025 review of another violation, this time under the Health of Animals Act.
According to Crocco’s decision, the farm did not report the illness when ostriches started dying and showing symptoms of Avian Influenza.
This violation was issued for failure to notify a veterinary inspector after signs of the disease showed up.