Law360 Canada ( October 28, 2025, 10:16 AM EDT) -- Appeal by appellant from Federal Court judgment and motion by appellant to adduce fresh evidence. In the judgment on appeal, the Federal Court dismissed an application for judicial review of two related decisions of the respondent, the Canadian Food Inspection Agency (the CFIA). In the first decision, a notice to dispose required the appellant to have disposed of all the ostriches on its farm after laboratory testing confirmed infection of two dead ostriches with the H5N1 strain of highly pathogenic avian influenza (HPAI). In the second decision, an exemption denial denied the appellant’s request to have exempted at least some of its ostrich flock from destruction. The two decisions were made under section 48 of the Health of Animals Act (the Act) and in accordance with the CFIA’s Stamping-Out Policy, which was operationalized through the CFIA’s Highly Pathogenic Avian Influenza 2022 Event Response Plan (the 2022 ERP). The appellant had not yet complied with the notice to dispose decision because the Federal Court stayed that decision, pending determination of the judicial review application in the Federal Court, and thereafter a single judge of the Court further stayed the decision pending disposition of this appeal....