Category: Grifters

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Adelberg Amended: “Wrongful Termination” Claim Alleges Arbitrary Detainment

Today we get a 3-in-1: Adelberg, Action4Canada and Dorceus.

The infamous Adelberg Federal case has finally been amended. There’s quite the story behind it.

Readers have commented at times asking why this subject is covered to such a degree. In short: it’s a multimillion dollar grift that is still ongoing. Desperate clients and donors are still being taken advantage of by unscrupulous lawyers. No one else reports on it.

While the main focus here is on Adelberg, the others will be briefly discussed as well.

February, 2023: the Federal Court struck the case in its entirety as “bad beyond argument”. Furthermore, the Schedule “A” Plaintiffs (members of the Government) were barred because of a grievance requirement. However, the Schedule “B” Plaintiffs (those in Federally regulated industries) could at least theoretically refile.

June, 2024: the Federal Court of Appeal did something interesting. Although the suit was primarily about employment, it ruled EVERYONE could technically bring travel claims, despite them likely being moot. It also tentatively allowed the RCMP Plaintiffs to proceed with employment claims for the time being. It did confirm that the initial filing was grossly deficient, inadequately pleaded, and “bad beyond argument”.

January, 2025: the Supreme Court of Canada refused to hear an Appeal that would allow the Schedule “A” Plaintiffs to file employment claims.

September, 2025: The remaining Plaintiffs file a new Statement of Claim. Aside from minor tweaks, it’s basically the same as before. That said, there is a 100 page “Schedule” attached. It includes: (a) names; (b) birthdates; (c) employment dates; (d) vaccination status; and (e) if any travel claims are being advanced. It still falls far short of the necessary information to proceed.

***Note: to prevent doxing, the personal information in the “Schedule” will not be published.

Aside from the bare-bones nature of the information, it’s now only being provided in September, 2025. The original Claim was filed in May, 2022. And it still covers less than half of the remaining Plaintiffs. Why wasn’t client information sought out 4 years ago?

But that is only the beginning of the problems here.

“Wrongful Termination” Suit Alleges Arbitrary Detention

At its core, Adelberg is a mass Tort for wrongful termination. It claimed that some 600+ Federal employees and employees of Federally regulated industries were fired or forced out for refusing vaccination. There were also vague claims about travel rights being infringed.

However, for some unknown reason, counsel has decided to plead that Plaintiffs’ Section 9 Charter rights were also violated in the process. This is the prohibition against arbitrary arrest or detention.

The Statement of Claim is very disjointed, so it’s hard to follow at times. But it appears to state that requiring the injection pass to obtain goods or services, or to travel, amounts to arbitrary detention. Apparently it violated Plaintiffs’ rights to address this by way of habeas corpus.

***Apologies for not catching it before, as it was in the earlier version. However, there were so many flaws that it got overlooked.

The pleading goes off on tangents about topics unrelated to work or travel. Despite those being the priorities, they receive little attention.

Lawsuit Fails To IDENTIFY All Plaintiffs

There are 46 “John Does” in the Statement of Claim, and another 23 “Jane Does”. Quite literally, there are dozens of Plaintiffs asking for money who refuse to identify themselves. Amusingly, it includes 17 current and former police officers who won’t give their names.

As should be obvious, this is complete nonsense.

Amended Claim Doesn’t Plead Necessary Facts Or Particulars

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
Alberta Rule 13.6 Rule 13.7
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)
Ontario Rule 25.06(1) Rule 25.06(8)

Frequent readers will have seen this chart.

“Pleading facts” means laying out who said or did what, when and where. It doesn’t mean arguing caselaw, or trying to test evidence.

“Pleading particulars” is required when Plaintiffs are alleging fraud, malice, malfeasance, etc… There’s an extra burden to spell out the nature of the allegation.

No Facts Pleaded For s.2(a) Freedom Of Religion Torts

Despite the sweeping declarations, not a single Plaintiff actually pleads any detail about how their religious freedoms were violated with introduction of vaccine mandates. This tort has specific elements to plead, and it’s not optional.

(1) that he or she sincerely believes in a practice or belief that has a nexus with religion, and
(2) that the impugned state conduct interferes, in a manner that is non‑trivial or not insubstantial, with his or her ability to act in accordance with that practice or belief

https://www.canlii.org/en/ca/fct/doc/2017/2017fc1092/2017fc1092.html#22
https://www.canlii.org/en/ca/scc/doc/2017/2017scc54/2017scc54.html#par68

No Facts Pleaded For s.6, Mobility Rights Torts

Despite allegations that travel and mobility rights had been violated, no Plaintiff specifies any instance of this happening. This is regardless of whether international travel, s.6(1), or interprovincial travel, s.6(2) is considered. No one pleads either tort.

For Section 6(1), Canadian citizens have the right: (a) to enter; (b) remain in; and (c) leave Canada. Litigants would have to prove that at least one of these was violated.

For Section 6(2), citizens and permanent residents have interprovincial mobility rights to obtain a livelihood in any Province they wish. They would have to claim that discrimination comes from where they reside.

(a) The principle: The right to pursue the gaining of a livelihood in any province;
(b) The exception: This right is subject to any laws or practices of a general application in force in that province;
(c) The exception to the exception: Except if these laws discriminate among persons primarily on the basis of the province of residence.

https://www.canlii.org/en/ca/scc/doc/2013/2013scc47/2013scc47.html#par18
https://www.canlii.org/en/ca/scc/doc/1997/1997canlii17020/1997canlii17020.html#par51

No Facts Pleaded For s.7, Security Of The Person Torts

No Plaintiff pleads any facts to establish that their safety was in danger from these mandates. It’s worth pointing out that Courts have consistently refused to find “practicing a specific profession” as worthy of s.7 protections. This dates back to the 1990s. Unsurprisingly, lawyers argue torts they know will be thrown out.

(1) Plaintiff must plead facts to establish a deprivation of their right to life, right to liberty or right to security of the person, and
(2) the claim must then set out facts to show that any deprivation of these rights was effected in a manner contrary to the principles of fundamental justice.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par69
https://www.canlii.org/en/on/onsc/doc/2017/2017onsc2312/2017onsc2312.html#par30

No Facts Pleaded For s.9, Arbitrary Detention/Imprisonment Torts

As stated earlier, there’s no indication that any Plaintiffs are claiming that they were detained, let alone arbitrarily. This tort doesn’t apply in the context of wrongful dismissal. Supposedly it applies when dealing with people obtaining goods or services, or travelling, but it’s not explained how.

(1) Plaintiff must have been detained or imprisoned, and
(2) that detainment or imprisonment must have been arbitrary

No Facts Pleaded For s.15, Equality Rights Torts

Not a single Plaintiff pleads any facts that they were subjected to any humiliating or dehumanizing treatment from their “unvaccinated” status. Theoretically, it may be able to get it added as an “analogous ground”, but counsel makes no effort to do that.

Enumerated grounds: explicitly stated in the Charter
Analogous grounds: other ones Courts have endorsed over the years.

ENUMERATED GROUND ANALOGOUS GROUND
Explicitly In Charter Recognized By Courts
Race Sexual Orientation
National/Ethnic Origin Marital Status
Colour Off-Reserve Band Member
Religion Citizenship
Sex –
Age –
Mental/Physical Disability –

(1) on its face or in its impact, the state action creates a distinction based on a prohibited ground (either enumerated or analogous); and
(2) the state action imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating or exacerbating disadvantage

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par80
https://www.canlii.org/en/on/onca/doc/2021/2021onca534/2021onca534.html#par133

No Facts Pleaded For Miscellaneous Torts

There are several general torts included in the Statement of Claim.
(a) Malfeasance of public office
(b) Intimidation (through 3rd parties)
(c) Conspiracy
(d) Intentional infliction of mental anguish

However, there’s still the same problem. Not a single Plaintiff pleads anything that would theoretically support such claims advancing. The “Schedule” attached covers less than half the Plaintiffs, and is limited to:

  • Name
  • Employer
  • Birthdate
  • Date employment started
  • Date required to take injections
  • Date sent home without pay
  • Date fired or resigned
  • Damages (if quantifiable)
  • Travel restrictions

There’s nothing to indicate what religious beliefs any of the Plaintiffs follow, and how they were impacted. There’s nothing specific outlining any travel plans that were disrupted. No one describes how the security of their bodies was threatened if they refused. There’s no information that clearly explains how any tort is engaged.

And of course, no Plaintiff alleges details of arbitrary arrest.

The Claim still fails to include nearly all of the required information. For all the declarations of a “conspiracy”, there’s very little concrete information to go off of. From a procedural point of view, Defendants need to know what they are being accused of.

Now, let’s move on to the other cases: Action4Canada and Dorceus.

Action4Canada Faces Another Application To Strike

In August, 2022, Action4Canada’s pleading was struck as “bad beyond argument“. Then it was appealed, unsuccessfully, for no coherent reason. Now, there is a shorter version available, but the same problems remain.

(1) A4C Amended Claim Application To Strike VIHA
(2) A4C Amended Claim Application To Strike Kwok Translink
(3) A4C Amended Claim Application To Strike Federal Defendants
(4) A4C Amended Claim Application To Strike Provincial Defendants

Dorceus Appeal Will Go Absolutely Nowhere

December, 2024, a massive healthcare workers case in Ontario was struck as “bad beyond argument“. All claims against the Government and unionized employers were completely struck, though the non-union ones could be sued individually.

While this is being appealed, it seems unlikely to change anything.

(1) Dorceus Appellants Factum
(2) Dorceus AG Respondents Factum

Limitation Period Expires For CSASPP Defamation Appeal

As an aside, the 60 day limitation period has lapsed to seek permission to appeal with the Supreme Court of Canada. Free speech prevails here.

Frivolous Cases Waste Donor/Client Money

These grift lawsuits date back to 2020, and continue to waste time, money and energy. Filing Claims that fail to meet any basic level of professionalism does no one any favours — except Government officials.

Appealing, instead of amending, doesn’t help clients. It only works to delay and derail opportunities to hold people accountable.

Is there merit to the Plaintiffs’ demands? Quite likely, yes. When they say they were forced out of their jobs, or prohibited from travelling, most (if not all) are telling the truth. On the surface, there’s no reason to doubt the sincerity of any of them.

That said, these pleadings are so poorly written that none of these cases will ever get to Trial. It is entirely the fault of the people drafting the papers.

And groups like The Democracy Fund and JCCF are publicly silent about all this.

But there is a solution: go after lawyers’ insurance money.

(1) Adelberg Fresh As Amended Statement Of Claim NO SCHEDULE

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Universal Ostrich Farms, Part 8: Giving Away Someone ELSE’S Land

The Supreme Court of Canada (S.C.C.) will be asked to hear a case challenging a Government decision to kill 400 or so birds in the name of public health. Worth noting, the S.C.C. declines to hear 90-95% of cases every year. While the subject matter would be fairly unique, numerically, it will be tough to sell it as “national interest”.

This is of course Universal Ostrich Farms, in Edgewood, B.C.

A quick summary of recent events:

  • The CFIA, or Canadian Food Inspection Agency, issued an order at the end on 2024 to cull approximately 400 ostriches from a farm in the Interior B.C. This was on the basis that the ostriches had the “H5N1 virus” based on “PCR testing”.
  • The farmers filed an Application for Judicial Review in Federal Court.
  • The Federal Court granted a temporary stay of the culling until the case was heard.
  • The Federal Court (Justice Zinn) dismissed the Application in May.
  • The Federal Court of Appeal issued another stay in June, until the Appeal was heard.
  • The Appeal was dismissed in August.
  • The Court of Appeal refuses a further stay in September.
  • Just now, the Supreme Court has issued a stay of their own, however, the CFIA will retain possession of the farm until the proceedings are concluded.

Beyond the Court drama, there’s a lot going on with the ostriches that received far less attention. Most importantly, these animals aren’t to be food at all. Instead, they are lab animals, supposedly infected with some manmade “antigens”.

See Parts 1, 2, 3, 4, 5, 6 and 7 in the series for more information.

If nothing else, this situation has shown the cognitive dissonance of protesters. Back in 2021, the rallying cries were that “Covid is a hoax”, or at worst that “It’s just the flu”. Now, the animals are being heralded as the anti-pharma solution to the next pandemic.

Remember: in 2020/2021, PCR testing was seen as “junk science” and completely unreliable. Many of these same protesters railed against it. But now that UOF’s business model is “antibody production”, suddenly PCR tests are a fairly accurate diagnostic tool. Even the Pelech Affidavit only gave mild criticism over cycle counts.

The above video was shot by Drea Humphrey (Rebel News), and posted online. It shows Katie Pasitney telling the RCMP to back off, since the farm is “on Indigenous land”. The news has also been shared on places like Facebook.

Protesters here are likely many of the same ones angry that B.C. Courts have been ruling that various tribes have rights to other people’s private property. They viewed it as Government overreach. But for UOF, it’s apparently okay to just declare Indigenous rights. Okay….

Some of the more astute observers have pointed out that doing this may make it easier for further land grabs in the future. Is invoking UNDRIP really the best idea? This may help Espersen, Bilinski and Pasitney in the short term, but overall, could backfire on them.

But here’s more the interesting part: it’s not their land to give away.

2014 Farm Foreclosure To RBC => Sold To Quigleys

.

This was covered in Part 4 of the series. Karen Espersen and David Bilinski don’t actually own the land in question. Nor does Katie Pasitney.

Back in 2012, RBC filed a Petition in B.C. Supreme Court over unpaid debts. The property was eventually sold to Catherine and Thomas (Owen) Quigley, who are the owners today.

Fast forward to 2021, Esperson filed a Notice of Civil Claim against the Quigleys. There had apparently been an agreement to subdivide the land (and get her a portion of it back) that had followed through. There have been endless delays, with Trial scheduled for 2026. The Counterclaim is also worth reading.

It’s anyone’s guess that the Judge will do at the end. But in the meantime, the Quigleys are still the legal owners of the property. There’s no indication — at least from what’s readily available — that they endorsed any of this.

In short, Espersen and Pasitney have told the police that an Indian tribe has rights to the land that belongs to someone else. While it’s an innovative and amusing technique to use against the RCMP, it’s not their property.

Imagine this scenario: you live in an apartment and pay rent. For various reasons, you are unable to meet those obligations, and the landlord tries to evict you. Is it then okay to declare that the property is on unceded land, and that the owners have no rights? That’s more or less what’s happening here.

There’s all kinds of sympathy for the farmers, and their animals. But what about the rights of the owners?

Courts Unwilling To Delve Into Issue

As for the Federal Court rulings themselves, this pretty accurately sums up the frustration that many have with the process.

[6] In this regard, it is not the role of this Court to set, vary, or grant exemptions from governmental policy. Rather, our sole role is to determine whether the decisions at issue in this appeal were reasonable in accordance with the deferential standard of review set out in the case law of the Supreme Court of Canada, this Court, and other Canadian courts. Because the Stamping-Out Policy, which underlies the two decisions, the Notice to Dispose, and the Exemption Denial, are all reasonable in accordance with that case law, we have unanimously concluded that this appeal cannot succeed.

The Federal Court of Appeal has echoed the Federal Court in ruling that it’s not their job to vary Government policy, or to make exceptions. As long as the underlying decisions are “reasonable”, they won’t intervene. Of course, reasonable doesn’t necessarily mean “correct”.

Will the Supreme Court get involved, or will they refuse to hear it? Looking at the low success rate of Applications for Leave, it seems unlikely. Then again, it’s a fairly novel case, with potential to impact many lives down the road. The S.C.C. just might.

While it’s understandable that many have sympathy for UOF, keep in mind that they’re not the only ones impacted by all of this.

For the time being, the CFIA, despite having custody of the birds, is prevented from killing them. How well will they be looked after?

COURT OF APPEAL (CHALLENGING JUSTICE ZINN’S ORDER)
(1) Ostrich APPEAL Notice Of Appeal (May, 2025)
(2) UOF APPEAL Notice Of Appearance (May, 2025)
(3) UOF FCA Appeal Denied (August, 2025)
(4) UOF FCA Motion To Stay Dismissed (September, 2025)

COURT OF APPEAL (MOTION TO STAY CULL ORDER)
(1) UOF APPEAL Motion Record To Stay Culling (June, 2025)
(2) UOF APPEAL Notice Of Motion To Stay Culling (June, 2025)
(3) UOF APPEAL Bilinski Affidavit To Stay Culling (June, 2025)
(4) UOF APPEAL Bilinski Affidavit Exhibit E June, 2025)
(5) UOF APPEAL Espersen Affidavit To Stay Culling (June, 2025)
(6) UOF APPEAL Moving Party Submissions To Stay Culling (June, 2025)
(7) UOF APPEAL Responding Motion Record Volume 1
(8) UOF APPEAL Responding Motion Record Volume 2 (June, 2025)
(9) UOF APPEAL Responding Submissions To Stay Culling (June, 2025)
(10) UOF APPEAL Order Staying Cullings Pending Appeal (June, 2025)

COURT OF APPEAL (JUSTICE BATTISTA STAYING CULL ORDER):
(1) UOF Order To Stay Culling (January, 2025)
(2) UOF Notice Of Appeal (February, 2025)
(3) UOF Notice Of Appearance (February, 2025)
(4) UOF Agreement Appeal Book Contents (March, 2025)
(5) UOF Joint Appeal Book (April, 2025)
(6) UOF Consent To Extend Time (May, 2025)
(7) UOF Notice Of Discontinuance (May, 2025)

FEDERAL COURT DOCUMENTS (CFIA):
(1) Ostrich Notice Of Application Certified (January, 2025)
(2) Ostrich Notice Of Application (January, 2025)
(3) Ostrich Notice Of Motion (January, 2025)
(4) Ostrich Bilinski Affidavit (January, 2025)
(5) Ostrich Espersen Affidavit (January, 2025)
(6) Ostrich Pelech Affidavit (January, 2025)
(7) Ostrich Jones Affidavit (January, 2025)
(8) Ostrich Responding Motion Record (January, 2025)
(9) Ostrich Responding Motion Record Expedited (February, 2025)
(10) Ostrich Motion Record Ex-Parte (February, 2025)
(11) Ostrich Exemption Notice Of Application (February, 2025)
(12) Ostrich Exemption Motion Record (February, 2025)
(13) Ostrich Ruling Of Justice Zinn (May, 2025)

MONEY:
(1) https://bcrising.ca/save-our-ostriches/
(2) https://www.gofundme.com/f/help-ostrich-farmers-fight-to-save-herd-from-avian-flu?attribution_id=sl%3A80e09934-7413-429b-acfb-2f7015cc19d3&lang=en_CA
(3) https://www.givesendgo.com/save-our-ostriches
(4) https://www.kinexus.ca/

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“Posties” Get Screwed Over Again By Incompetent Counsel, Part 1

Last Spring, this site covered how hundreds of employees at Canada Post (a.k.a. The “Posties“) had been taken for a ride by their counsel. In the Fall of 2024, documents were filed indicating that at least some of them would be attempting to appeal.

For context, in the Fall of 2021, the workplace implemented the “vaccine mandates”. This required everyone to get multiple injections, or face the loss of their employment.

Being a unionized employer, the collective bargaining agreement specified a remedy: file a grievance. If things couldn’t get resolved, then the matter would go to arbitration, and that would be considered final. If the process was unfair or corrupted, then requesting a review may be an option.

Here, the Arbitration Panel sided with Canada Post, ruling that the mandates were a reasonable safety matter. Now, filing an Application for Judicial Review may could have worked, if they took that path.

However, the Posties retained a lawyer, Leighton Grey, who filed a Statement of Claim instead. Rather than challenging the fairness of the Arbitration, he commenced an Action. This was doomed to fail, at least with the company, as the union agreement explicitly prohibited it.

As for the Government of Canada, the Court said that there was enough of a separation between the Federal Government and Canada Post, a Crown Corporation, to hold them liable.

Furthermore, the Statement of Claim was lacking in the necessary information. As is common with Grey, he doesn’t plead the necessary facts (Rule 174) for each Plaintiff, which is required. Despite having nearly 300 Plaintiffs, the Claim was just 18 pages in length. The case was struck without an opportunity to refile.

It turns out that dozens of Plaintiffs wanted to appeal, but Leighton missed the deadline. Clients seemed to be under the impression that a challenge was coming, when none was. If the transcripts are to be believed, they were strung along for months.

In September of 2024, they get a new lawyer, Jason Gratl. While he could have brought a malpractice complaint against Grey — which would get clients some justice — he tries halfheartedly to salvage the lost cause of a case.

One would assume that Gratl would act urgently, given the nature of missing a deadline. However, he sits on a file for nearly 2 months, before bringing a Motion to extend time. It’s dismissed by Associate Justice John Cotter. He then brings another Motion, challenging the refusal.

Timeline Of Events In Arbitration

***It’s important to remember that this didn’t start with a lawsuit. It began with grievances and then arbitration. This matters as it relates to the lack of jurisdiction of the Federal Court.

September 2021: Canada Post announces that it will change the “vaccination” policy, requiring that all employees (and new hires) take the shots in order to be employed. It’s to take effect on November 26th, 2021.

October 26th, 2021 mandatory injection policy is formally approved.

November 15th, 2021: CUPW, Canadian Union of Postal Workers, files grievance against Canada Post’s new policy of requiring the injections in order to stay employed.

January 18th, 2022: Arbitration hearing is held over Canada Post’s policy requiring the injections of all employees. There would be several sessions over the coming months.

January 24th, 2022: Canada Post’s lawyer serves some 700 pages of material related to the arbitration hearings.

February 12th, 2022: Hearing date for arbitration related to Canada Post. Colin Furness, who works for the University of Toronto, testifies.

March 21st, 2022: Hearing date for arbitration related to Canada Post.

March 22nd, 2022: Hearing date for arbitration related to Canada Post.

April 5th, 2022: Final arguments were to be held for arbitration process.

April 27th, 2022: Arbitrator dismisses the grievance against Canada Post, saying that the injection requirement is “reasonable”.

Timeline Of Events In Federal Court Lawsuit

July 12th, 2022: Statement of Claim is filed with the Federal Court. It names: (a) Canada Post Corporation; (b) Her Majesty the Queen, as Elizabeth was Queen at the time; and (c) Attorney General of Canada.

July 18th, 2022: A Notice of Intention to Respond is filed.

November 3rd, 2022: Defendants send correspondence asking for case management, and to suspend normal timelines to file a Defence.

November 23rd, 2022: Associate Judge Catherine A. Coughlan is assigned to manage the case.

January 16th, 2023: Plaintiffs provide letter for dates for case management conference.

April 6th, 2023: Case conference is delayed until May 31st.

May 31st, 2023: Plaintiffs directed to file Amended Statement of Claim by June 15th.

June 19th, 2023: Plaintiffs file Amended Statement of Claim.

July 7th, 2023: Dates are set down for Defendants’ Motions to Strike (throw out the case), and the following deadlines were established. Worth mentioning, these kinds of Motions are done in many steps.

  • August 18th: Defendants serve (but not file) Notice of Motion, and any Affidavit evidence
  • September 15th: Plaintiffs serve (but not file) any Affidavit evidence
  • October 27th: Any cross-examinations on Affidavits is to have finished. This is similar to a Court setting, where a person gets asked about evidence that they submit. Failure to attend means evidence won’t be considered.
  • November 17th: Moving Party Defendants are to submit their Motion Records, which is a collection of documents. In Federal Court, it also includes the written arguments, or submissions
  • December 8th: Responding Plaintiffs to serve and file their Motion Record(s)
  • January 23rd-25th, 2024: Court to hear the Motions

July 10th, 2023: Lawyer for Canada Post contacts the Court and advises a lack of availability for the week in January when the hearing is to take place.

September 5, 2023: Even more Plaintiffs discontinue, or voluntarily leave the case. It worth mentioning that the Court history is filled with various Plaintiffs discontinuing. This is especially prevalent after the Motion to Strike is set out. Seems they realize that their case will go nowhere.

March 4th, 2024: Motions are eventually heard.

March 13th, 2024: Court releases reasons for striking the case.

March 13th, 2024: Order striking case is officially issued.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

Timeline Of VERY Late Motion For Appeal Extension

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Associate Justice Coughlan (a.k.a. a Prothonotary) is the one who struck the case. The 10 day time limit applies, meaning something would have to be filed by March 23rd, 2024.

7. The adverse order and reasons for judgment were issued by Associate Judge Coughlin on March 13, 2024 (the “Decision”). The Decision was provided to the plaintiffs by GWS LLP on March 14, 2024. The plaintiffs then immediately, on March 14, 2024, requested legal advice from GWS LLP on the merits of an appeal.

10. As of April 10, 2024, we believed that the deadline for appealing was 30 days from the date of the decision. Although I had suspected that the deadline might be 10 days from the date of decision in late March of 2024, our legal counsel first advised me in late April of 2024 that the deadline was 1O days from the date of decision.

11. On May 13, 2024, I requested an update from GWS LLP on how the appeal was proceeding. On June 6, 2024, I again requested an update from GWS LLP. On June 19, 2024, I again requested an update from GWS LLP. I am advised by Kim Priest that she repeatedly telephoned GWS LLP to ask for updates on the progress of the appeal and to urge GWS LLP to file the application to extend the deadline.

12. On July 4, 2024, I was advised by Mr. Farquhar, an associate lawyer at GWS LLP, that Ms. Trignani, another associate lawyer at GWS LLP, was no longer working at GWS LLP and she had been working on the appeal. Mr. Farquhar assured me on July 4, 2024, that he, Mr. Farquhar, was now personally working on the application to extend the deadline for the appeal and that it would be prepared shortly.

13. On July 17, 2024, I received application materials, and on July 22, 2024, I provided comments and again instructed GWS LLP to file the application. On July 26, 2024, Mr. Grey of GWS LLP advised that he would no longer be supervising the work on the appeal and that Mr. Farquhar of GWS LLP would be working on the file alone.

14. On September 4, 2024, Mr. Grey advised that Mr. Farquhar was no longer working at GWS LLP, and that Mr. Hershey, the lawyer at GWS LLP who was initially supposed to be working on the appeal under Mr. Grey’s supervision, no longer worked at GWS LLP and that no one else at GWS LLP was able to take on the appeal.

16. We found Grall & Company, a Vancouver-based law firm, in late September of 2024. We agreed in principle to retain Grall & Company to give advice on this appeal on September 22, 2024.

In paragraph 7 of her Affidavit, page 17 in the Motion Record, Karine Solakian states that many Plaintiffs sought advice immediately on the merits of an Appeal. She also states that she found out from Grey for the first time about the 10 day deadline well after it had lapsed.

***Neither Grey nor his assistants ever filed for an extension. Nor does it seem they ever notified the Defendants that an Appeal was in the works.

November 15th, 2024: Gratl files a Notice of Change of Solicitor. It’s unclear why he waited nearly 2 months to do anything.

November 15th, 2024: Gratl files a Notice of Motion, indicating Plaintiffs will be seeking an extension of time to appeal the March ruling. It’s been a full 8 months at this point. Given that it was an Associate Justice who struck the case, the deadline is a mere 10 days.

February 14th, 2025: Gratl files the Motion Record for clients.

February 27th, 2025: The Federal Government files their Responding Motion Record.

February 28th, 2025: Canada Post files their Responding Motion Record.

May 2nd, 2025: Associate Justice Cotter refuses the extension of time.

May 12th, 2025: Gratl brings another Motion, to challenge the refusal to grant an extension of time. This time, the 10 day time limit is met.

June 4th, 2025: The Attorney General of Canada files their Responding Motion Record.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

The main concern for this latest Motion is whether or not the previous Motion (an extension of time) should have been refused. The Order cited a few major concerns: (a) lack of explanation for the delay; and (b) the length of the delay was “significant and prejudicial”. The delay was 234 days, over 7 months, of which 53 days were while Gratl was retained.

Interesting, it seems that Grey doesn’t actually do the legal work himself, he just farms it out to the hired help. More coming up in Part 2.

ARBITRATION:
(1) https://www.cupw.ca/sites/default/files/urb-ja-31-2022-ca-en.pdf
(2) Canada Post Collective Bargaining Agreement 2022
(3) Canada Post Arbitration update, February 2022 (removed)
(4) Wayback Machine Archive
(5) CUPW On Some Updates On Arbitration
(6) Wayback Machine Archive On Arbitration Updates
(7) https://www.cupw.ca/en/last-days-arbitration-vaccination-practice-grievance
(8) Wayback Machine Archive Of April 1st, 2022 Update
(9) https://www.cupw.ca/en/arbitrator-dismisses-grievance-against-canada-post%E2%80%99s-mandatory-vaccination-practice
(10) Arbitration Decision (Removed)
(11) Canada Post Arbitration Ruling Redacted
(12) Wayback Machine Archive Of Arbitration Decision
(13) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

LITIGATION (CASE STRUCK):
(1) Canada Post Statement Of Claim (July, 2022)
(2) Canada Post Amended Statement Of Claim (June 7, 2023)
(3) Canada Post Order Timetable (July, 2023)
(4) Canada Post Defendants Motion Record (October, 2023)
(5) Canada Post Plaintiff Responding Motion Record (January, 2024)
(6) Canada Post Plaintiff Responding Motion Record CP (February, 2024)
(7) Canada Post Further Amended Statement Of Claim (February, 2024)
(8) Canada Post Decision Striking Amended Pleading (March, 2024)

LITIGATION (EXTENDING TIME TO APPEAL):
(1) Canada Post Notice Of Change Of Solicitor (November, 2024)
(2) Canada Post Affidavit of Karine Solakian (November, 2024)
(3) Canada Post Notice Of Motion (November 2024)
(4) Canada Post Applicants Motion Record Extension Of Time (February, 2025)
(5) Canada Post Motion Record Extension Of Time (February, 2025)
(6) Canada Post HMTK Motion Record Extension Of Time (February, 2025)
(7) Canada Post Order Refusing Extension Of Time To Appeal (May, 2025)

LITIGATION (APPEAL OF REFUSAL TO EXTEND TIME TO APPEAL):
(1) Canada Post Motion Record Appeal Refusal To Extend Time (May, 2025)
(2) Canada Post HMTK Written Submissions Appeal Time Extension (June, 2025)

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From April: Australian Court Throws Out 1,000 Page Class Action As Incoherent

A while back, an Australian Court issued a ruling that is eerily similar to what has been happening here. A Proposed Class Action was filed to obtain justice for victims who had been injured from the “Covid vaccines”.

Justice Anna Katzmann of the Federal Court in New South Wales issued a 62 page decision, see archive, explaining why the lawsuit was thrown out.

***Note: this ruling was actually from April, 2025. Due to a bunch of different delays and setbacks, including getting these documents, it’s finally being covered now. Nonetheless, it’s proof that the rampant screw-ups from the “freedom lawyers” isn’t limited to just Canada. Australian lawyers apparently can be just as bad. Here’s an earlier article on it.

The Plaintiff is also on the hook for 80% of the Defendants’ Court costs.

  1. The third further amended statement of claim be struck out.
  2. No other amended statement of claim be filed without the leave of the Court.
  3. The respondents’ application for security for costs be dismissed.
  4. The applicants pay 80% of the respondents’ costs of the interlocutory application filed on 17 June 2024.
  5. These orders be entered forthwith.

Although the Claim was struck, it at least allows for the possibility that a proper version may be filed, if leave was granted. But it wouldn’t happen with present counsel.

While the lawyers in Canada (deservedly) get endless criticism from this site, it’s worth noting that the problem isn’t limited to just them. We have more in common than it seems.

1,000 Page Statement Of Claim Was Filed

Action4Canada and Vaccine Choice Canada are ridiculed for their absurdly long claims (391 and 191 pages, respectively). However, this one much longer than either of those.

It’s not hyperbole to say that the Statement of Claim was 1,000 pages long. Or at least, 2 of the versions were 1,000 pages. Lawyers apparently “settled” on one that was over 800. This alone would have unnecessarily driven up legal costs.

651 pages – first version
652 pages – second version
990 pages – third version
1,023 pages – fourth version
818 pages – fifth version

Excluding Notice of Filing and the back page, this totals 4,134, or 827 pages per draft. Lawyers would have to read over 4,000 pages just to cover the different versions of the Statement of Claim. Beyond that, Justice Katzmann complains that her various directions weren’t complied with, driving up costs, and wasting time.

Quotes From Justice Anna Katzmann In The Decision

[2] The proceeding was commenced in April 2023 by the filing of an originating application and a 652-page statement of claim. Since then, the statement of claim has been amended four times. Still, the pleading remains prolix. The latest version, the third further amended statement of claim (3FASOC), is 819 pages long. It is dense and extremely difficult to follow. Substantial parts of it are impenetrable.

[3] The relief sought is “compensation and/or damages” with interest plus costs. The basis of the claim for compensation, as distinct from damages, is obscure. A claim is made in the pleading, but not in the originating application, for exemplary damages but that claim is not particularised, contrary to the requirement in r 16.44(2) of the Federal Court Rules 2011 (Cth) (Rules) that, where such a claim is made, the pleading must also “state particulars of the facts on which the claim is based”. Despite the misfeasance claim, no declaration is sought that anything allegedly done by any of the Commonwealth officers was unauthorised, invalid or beyond power.

[13] The respondents’ contention is that summary judgment should be entered in their favour because the proceeding has no reasonable prospect of success; the 3FASOC fails to disclose any reasonable cause of action; and the proceeding is an abuse of process.

[14] Alternatively, the respondents contend that the pleading should be struck out in full because it contains scandalous material, is embarrassing, evasive and ambiguous, and an abuse of process, and it fails to disclose a reasonable cause of action.

[15] The respondents contend that the negligence claim is bound to fail because the applicants have no reasonable prospect of establishing the existence of the pleaded duty; the allegations of bad faith have not been adequately pleaded or properly particularised; the allegations of breach are vague, generalised, embarrassing and inappropriate; and the pleading makes no attempt to link the alleged breaches of duty to the harm allegedly suffered by the applicants. The respondents contend that the misfeasance claim is fatally flawed in a number of respects.

[37] Pleadings are covered by Pt 16 of the Rules. The key features include the following matters. First, a pleading must be as brief as the nature of the case permits: r 16.02(1)(b). Second, it must identify the issues the party wants the Court to resolve: r 16.02(1)(c). Third, it must state the material facts on which the party relies that are necessary to give the opposite party fair notice of the case against it but not the evidence by which the material facts are to be proved: r 16.02(d). Fourth, it must state the provisions of any statute relied on: r 16.02(e). In addition, a pleading must not ask for relief that is not claimed in the originating application: r 16.02(4).

[38] Importantly, not all relevant facts are “material facts”. A fact is material if it is essential to the cause of action, that is to say, if it is a fact which, in combination with other facts, gives rise to
a right to sue: Bruce v Odhams Press Limited [1936] 1 KB 697 at 710–712 (Scott LJ). In other
words, a fact is material if it is essential to prove that fact in order to make out the cause of
action or put another way, it is an element of the cause of action.

The decision is much longer, of course, but this is noteworthy. Justice Katzmann has to explain, in great detail, what pleadings are supposed to include. Despite the tedious length, most of the necessary information isn’t submitted at all. Nearly the entirety of these filings is irrelevant.

While this was in Australia, the Judge could easily be describing a filing from several Canadian cases.

Entire Case Argued In Statement Of Claim

In fairness, Plaintiffs are required to plead sufficient detail so that Defendants understand what they’re being accused of. This is necessary.

However, this goes far beyond that. It argues ad nauseum the side effects and inadequate testing of vaccines. And it goes on for hundreds of pages. The goal of pleadings is to simply lay out the allegations so they can be responded to.

The Claim does (briefly) address the classes of Plaintiffs who will be covered by it. But it gets bogged down by the minute detail. Indeed, this appears designed to be incoherent and convoluted.

Significant Fundraising For Defective Class Action

Another parallel here is that this case had significant fundraising as well. While this is certainly not the only source of crowdfunding, this took in nearly $173,000 Australian dollars. Overall, close to $1 million was raised.

And all for a case so poorly drafted it never stood a chance.

Gee, they’re not in cahoots, are they?

AUSTRALIAN COURT DOCUMENTS:
(1.1) https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0339
(1.2) Decision Of Justice Anna Katzmann
(2) Aussie Applicants Genuine Steps Statement (April 26th, 2023)
(3) Aussie Statement of Claim (April 26th, 2023)
(4) Aussie Amended Statement of Claim (April 28th, 2023)
(5) Aussie Further Amended Statement of Claim (September 18th, 2023)
(6) Aussie Second Further Amended Statement of Claim (March 4th, 2024)
(7) Aussie Third Further Amended Statement of Claim (May 6th, 2024)
(8) Aussie Affidavit Emma Gill (June 17th, 2024)
(9) Aussie Affidavit of Melissa McCann Redacted (July 15th, 2024)
(10) Aussie Applicants Written Submissions (November 11th, 2024)
(11) Aussie Respondents Written Submissions (November 18th, 2024)
(12) Aussie Affidavit Emma Gill (November 29th, 2024)
(13) Aussie Respondents Written Submissions (December 20th, 2024)
(14) Aussie Applicants Response (December 20th, 2024)

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Universal Ostrich Farms, Part 7: CFIA Responds To Motion To Delay Culling

Ever heard the expression that there’s no cure for stupidity?

At this point, it would seem that the most intelligent beings at Universal Ostrich Farms in Edgewood, B.C. are the birds themselves. Unfortunately, this isn’t entirely sarcasm.

See Parts 1, 2, 3, 4, 5 and 6 in the series for more information.

In this specific Motion, the farm owners are asking the Federal Court of Appeal to stay (defer) culling their animals until the overall Appeal can be ruled on. They say there’s strong grounds for appeal against the Canada Food Inspection Agency (CFIA). They state that aside from the financial costs, the proceedings become “moot”, since the animals would be dead anyway. Sounds reasonable, doesn’t it?

Part of their plea is based on the claim that they can manage and quarantine the animals effectively, and at their own cost. In essence, they take the matter seriously, and won’t endanger the public. Now, if they want the Justice (whoever decides) to be sympathetic, it stands to reason that they would act responsibly.

But the Affidavit of Cathy Furness changes things. And the arguments are harsh. See parts 1 and 2 of the full Record.

The CFIA has been putting their social media postings into evidence.

Espersen Apparently Sleeps In A Truck In Quarantined Area

121. In addition to the above, I have viewed social media posts shared by the owners of UOF indicating that Karen Espersen has been sleeping in a vehicle within the quarantined premises, which contravenes the quarantine requirements. Members of the public have also posted images on social media platforms which demonstrate that they are in very close proximity to ostriches and within the quarantined area. Attached as Exhibit “PP” is a May 14, 2025 Facebook post from Karen Esperson.

One could argue that there’s nothing inherently wrong with farmers spending time with their animals, even on this scale. That may be true in general. But when the owners are trying to convince the Federal Courts that they’re serious about respecting quarantine rules, this is moronic.

Photos Of Farm Visitors Went Into Evidence

[para 121 continued] … Attached as Exhibit “QQ” are three photographs posted to Facebook by a member of the public on May 25, 2025 showing supporters of UOF, including Karen Esperson’s daughter Katie Pasitney, standing in close proximity to the ostriches inside the quarantined area.

Thanks to Colin Bigbear’s Facebook page, the CFIA now has photographs that visitors (including children) routinely visit the farm. Again, all of this went into evidence for the Motion. It’s to show that quarantine isn’t being taken seriously.

Pasitney’s Interviews Were Downloaded By CFIA

149. Finally, although the risk of transmission of HPAI to humans is generally considered low, the information described above suggests that the farm owners are not taking the necessary precautions to prevent transmission of the virus to people. Katie Pasitney has also publicly stated that she and others have tested positive for H5N1 antibodies. I have reviewed an episode of the “Shadoe Davis Show” posted to Save Our Ostriches’ website on May 12, 2025, in which Katie Pasitney states at 00:25:16 that “we’ve all had our blood tested … and I came back positive for our strain of H5N1 … So we have antibodies”. Katie Pasitney goes on to state that “we have not fallen ill, we’re not sick, but we need to start dispelling the fear mongering because people get hospitalized all the time from just the regular flu, right?” This episode is available online https://saveourostriches.com/podcasts/25-05-12-katie-pasitney-shadoe-davis-show/. Also attached as Exhibit “VV” is an article from the Western Standard reporting that Katie Pasitney and her family tested positive for H5N1 after exposure to the UOF flock.

In Furness’ Affidavit, she states that Katie Pasitney has stated at least twice to testing positive for antibodies. Once was on the Shadoe Davis Show, and another was with Western Standard.

This is dumb for another reason. Instead of trying to challenge the validity of the tests, they just claim that they’re protected. It shuts down a potential defence.

Farm Music Festival Coming Up In July?

Farm Aid Canada? When this was first forwarded, it seemed to be a joke. This wasn’t included with the Furness Affidavit, likely because the site just went up. Still, it’s inevitable that the CFIA will bring it up with the Court at some point.

Additionally, if this Facebook post is to be believed, there’s going to be some camping in the area to help raise money for their legal costs.

While this may help raise money, it won’t help where it really matters: Court. Events such as these make everyone look clownish and unserious.

CFIA Tells Court They’ve Received Threats

100. No in person site visits have occurred since February 26, 2025 due to the risks to staff associated with entering an infected premises where robust disease control and biosecurity measures are not in place, and due to safety concerns associated with the presence of protesters. The basis for these safety concerns include numerous threats against CFIA employees made by members of the public on social media who oppose the presence of CFIA oversight at the premises and the destruction of the ostriches, including protesters currently residing on the premises. I have also reviewed emails, text messages and voice mails received by me and other CFIA employees containing threats and/or suggested threats of violence, including against CFIA employees in the Western region that have previously conducted site visits. Attached as Exhibit “KK” is a May 26, 2025 CBC News article regarding safety concerns raised by the union that represents CFIA workers, including because of online death threats.

Even worse, it makes everyone seem disingenuous. The inspectors state that they cannot return because of threats against staff. Meanwhile, members of the public come and go freely. Now, none of the threats are included, just a CBC article about it. Again, this is from Furness’ Affidavit.

Why Are They Still Asking For Donations?

Universal Ostrich Pharm – the real story – THIS IS ALL ABOUT MONEY – NO MATTER THE COST TO PEOPLE OR BIRDS.

500 Million JPY ($4.7 million CDN) to be paid to Tsukamoto in April 2024 by Struthio Bio… but now they need a GoFundMe to save the birds…

Where did all the investors go?
Surely, Dr. Lyle Oberg and his $3 billion investment company could pitch in to save his golden egg.

What happened to the 60 MILLION COVID MASKS (at $0.30 a mask)?

And what about the COVID nasal sprays?

What really happened to the Ostrich COVID vaccine before Immune Bio changed hands?

Where did they get antigens from?
We have seen so many places that they are saying the ‘DEAD’ COVID virus was obtained…

And Universal Ostrich Pharm had a contract to sell the eggs for $500 to Struthio – SO THAT WAS ALL THEY COULD BE WORTH TO THEM.

Yet Universal Ostrich Pharm’s expert, who had reviewed all the material, said each egg could be worth $48K to the farm… Not according to the EXCLUSIVE contract they had with Struthio Bio.

LINKED HERE:
https://canucklaw.ca/wp-content/uploads/UOF-APPEAL-Bilinski-Affidavit-To-Stay-Culling.pdf

Remember to donate and attend the Concert at the Bio Lab to save the lab animals.

Source: David Dickson

Some Final Thoughts

Questions posed in the previous section are worth asking. What has happened to the numerous business ventures that Universal Ostrich Farms was connected to? Why can’t those investors put up the money here?

The CFIA argues here that while Justice Battista did stay the cull order back in January, the circumstances are not the same. In particular, they were forced to respond to a Motion on less than a full day’s notice. However, they can now answer more fully.

Even if they succeed in getting another stay of the culling (which is possible) this is far from the end. Although Appeals typically don’t allow new evidence, the CFIA may try to add the social media posts anyway. It’s hard to underscore just how damaging this can be.

The responding arguments mention that the issue of “financial conflict of interest” of former counsel isn’t expanded upon in this Motion. There’s an allegation, but without details or evidence attached. It would be nice to know exactly what that was about.

There comes a point where it’s impossible to feel sympathy for someone. Keep in mind: while they have regular visitors, and shrug off supposed “infection”, these people are telling the Courts that they are serious about their animals and public safety.

And this happens all while they ask for donations.

Perhaps, once Dan returns from Bilderberg, Liberty Talk and Press For Truth can follow up.

COURT OF APPEAL (CHALLENGING JUSTICE ZINN’S ORDER)
(1) Ostrich APPEAL Notice Of Appeal (May, 2025)
(2) UOF APPEAL Notice Of Appearance (May, 2025)

COURT OF APPEAL (MOTION TO STAY CULL ORDER)
(1) UOF APPEAL Motion Record To Stay Culling (June, 2025)
(2) UOF APPEAL Notice Of Motion To Stay Culling (June, 2025)
(3) UOF APPEAL Bilinski Affidavit To Stay Culling (June, 2025)
(4) UOF APPEAL Bilinski Affidavit Exhibit E June, 2025)
(5) UOF APPEAL Espersen Affidavit To Stay Culling (June, 2025)
(6) UOF APPEAL Moving Party Submissions To Stay Culling (June, 2025)
(7) UOF APPEAL Responding Motion Record Volume 1
(8) UOF APPEAL Responding Motion Record Volume 2 (June, 2025)
(9) UOF APPEAL Responding Submissions To Stay Culling (June, 2025)

COURT OF APPEAL (JUSTICE BATTISTA STAYING CULL ORDER):
(1) UOF Order To Stay Culling (January, 2025)
(2) UOF Notice Of Appeal (February, 2025)
(3) UOF Notice Of Appearance (February, 2025)
(4) UOF Agreement Appeal Book Contents (March, 2025)
(5) UOF Joint Appeal Book (April, 2025)
(6) UOF Consent To Extend Time (May, 2025)
(7) UOF Notice Of Discontinuance (May, 2025)

FEDERAL COURT DOCUMENTS (CFIA):
(1) Ostrich Notice Of Application Certified (January, 2025)
(2) Ostrich Notice Of Application (January, 2025)
(3) Ostrich Notice Of Motion (January, 2025)
(4) Ostrich Bilinski Affidavit (January, 2025)
(5) Ostrich Espersen Affidavit (January, 2025)
(6) Ostrich Pelech Affidavit (January, 2025)
(7) Ostrich Jones Affidavit (January, 2025)
(8) Ostrich Responding Motion Record (January, 2025)
(9) Ostrich Responding Motion Record Expedited (February, 2025)
(10) Ostrich Motion Record Ex-Parte (February, 2025)
(11) Ostrich Exemption Notice Of Application (February, 2025)
(12) Ostrich Exemption Motion Record (February, 2025)
(13) Ostrich Ruling Of Justice Zinn (May, 2025)

MONEY:
(1) https://bcrising.ca/save-our-ostriches/
(2) https://www.gofundme.com/f/help-ostrich-farmers-fight-to-save-herd-from-avian-flu?attribution_id=sl%3A80e09934-7413-429b-acfb-2f7015cc19d3&lang=en_CA
(3) https://www.givesendgo.com/save-our-ostriches
(4) https://www.kinexus.ca/

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Universal Ostrich Farms, Part 6: A Look Into The Motion Staying Cull Order

We’re back to covering the ongoing saga of Universal Ostrich Farms, and the CFIA’s attempt to cull (kill) approximately 400 birds on a B.C. farm. The story keeps getting stranger. An Appeal is underway to challenge a Federal Court ruling, permitting it to go ahead.

See Parts 1, 2, 3, 4 and 5 in the series for more information.

The Appeal was initiated in late May to set aside Justice Zinn’s ruling, which upheld the Canada Food Inspection Agency’s (CFIA’s) cull order as “reasonable”. The last article mentioned the sort of concerns that will be raised at the hearing.

But before that, there’s another more immediate problem. Unless otherwise halted, the current cull order is set to go into effect. A Motion was recently filed in order to prevent that, at least for the time being.

The Motion includes Affidavits from Karen Espersen and David Bilinski, in addition to the Notice, and the written arguments.

Such a Motion would likely not involve a hearing. Instead, a single Judge would consider all the filings and issue a decision behind closed doors.

Beyond simply requesting that the culling be deferred, the Motion reveals a lot about the operation that wasn’t previously public (or at least well known).

Motion To Stay Culling Is Well Written

To be more balanced, the filings submitted here are of better quality than what is usually covered on this website. At the end of January, 2025, Justice Battista did temporarily stay the killing of the ostriches. It’s reasonable to assume that the Court of Appeal may as well. While not guaranteed, it’s quite possible.

UOF’s argument to postpone the culling amounts to the following:

  • This appeal is neither frivolous nor vexatious
  • UOF will suffer irreparable harm if its ostriches are slaughtered
  • UOF will suffer the greater harm if a stay is denied

The full Motion Record is available, and includes all the documents. The Notice of Appeal outlines a number of serious errors, such as Justice Zinn not fully understanding the arguments that were before him. It’s stated that he deferred far too much to the CFIA, instead of diving more into the evidence himself. Beyond that, there are allegations (albeit not fleshed out) of financial conflicts of interest with prior counsel.

The Motion further requests that additional testing be done on the birds to see if there are illnesses that may have spread. It’s offered that the Appellants would cover such expenses.

The Motion points out the obvious: if the stay isn’t granted, and the birds are culled anyway, then the entire Appeal becomes moot. There would be no birds left to save.

In fairness though, the CFIA did appeal the Order of Justice Battista at the end of January. It was dropped for being “moot” after Justice Zinn upheld the CFIA order as reasonable. It’s fair to assume that the CFIA will be opposing such a Motion this time around as well.

Bilinski Affidavit Sheds New Light On Business Operations

The Affidavit of David Bilinski is very interesting. It outlines in considerable detail where he and Karen anticipated taking the business to, and whom they would be partnering with. Exhibit “E” is the business plan that was submitted.

An important detail is that the agreement with Breathe Medical fell through when the company declared bankruptcy. The partnership with the Quebec-based Immune Biosolutions appears to have not fared well either. However, there were apparently other options available.

19. By December 2020, UOF’s operations became entirely dedicated to scientific research through antibody production.

20. In Early 2021, Breathe Medical Manufacturing declared bankruptcy and our exclusive supply agreement and corresponding revenue expectations were not realized.

21. In 2022, Karen and I incorporated Struthio Bio Science Inc. (“Struthio”) to, in partnership with UOF, engage in manufacturing and marketing of ostrich egg IgY antibodies and related products. As of the date of this Affidavit, Struthio is wholly owned by Karen and I with each of us holding a 50% share.

22. In April 2024, Karen and I negotiated and entered into agreements which would, inter alia, implement a new ownership structure for Struthio. Under this proposed restructuring, an majority interest in Struthio would be transferred to new principals and governed by a board of directors, including Dr. Tsukamoto – in exchange for investment and the licensing of certain patents necessary for commercialization of IgY antibodies and related products.

23. Exhibit “E” to this affidavit is a true copy of the Struthio BioScience Business Plan dated December 5, 2023 (“Struthio Business Plan”) and accompanying PowerPoint presentation. The Struthio Business Plan is a detailed roadmap for Struthio’s venture to develop and commercialize biomedical products derived from ostrich eggs, and it identifies UOF as a crucial partner supplying the necessary ostrich eggs. Among other things, the plan describes Struthio’s proposed proprietary research into antibodies from ostrich egg yolks, new corporate and governance structure and projects the financial returns from this research over the next several years (in the order of millions of dollars annually). Karen and I would retain 25% each interest in Struthio BioScience Inc.

24. I do not put this forward to assert that those revenue projections will in fact be realized or that the science will succeed. Rather, I rely on the Struthio Business Plan to show the existence of Struthio’s business model and the expectations that UOF and Struthio had at the time: namely, that UOF’s ostrich flock would be used to produce a continuous supply of eggs enabling Struthio’s venture to move forward. The very inclusion of UOF as a key supplier in this plan, and the magnitude of the projected benefits, demonstrate how integral our ostrich flock is to UOF’s commercial strategy with Struthio. The plan provides important context for UOF’s anticipated growth – context which will be completely upended if the flock is destroyed. Any statements or figures in the business plan are being referenced here only to illustrate what Struthio anticipated and the scale of the opportunity UOF stood to gain, not as proof that those outcomes are guaranteed.

25. Exhibit “F” to this affidavit is a true copy of the terms of Struthio and Ostrich Pharma KK (“OPKK”) Agreement (“OPKK Agreement”) which was executed On April 11, 2024.

26. The OPKK Agreement sets out the principal terms of a proposed investment and partnership whereby OPKK agreed in principle to partner with Struthio’s egg-based biotech venture. The OPKK Agreement references anticipated investment, exclusive patent licencing, technology transfer and a revised corporate structure for Struthio. This reflects that OPKK’s confidence in Struthio’s business which was inextricably predicated on UOF’s ostrich flock and egg production.

Do read Bilinski’s Affidavit, especially the business plan which was attached as Exhibit “E”.

BOARD OF DIRECTORS:

  • Chairman – Dr. Yasuhiro Tsukamoto- President of Kyoto University, Founder and Scientist of Ostrich IgY patents
  • CEO – Interm – Dave Bilinski – Presently recruiting for full time position – Production Expert for Ostrich, 31 Years experience
  • VP – IgY Egg Production – Karen Espersen -, IgY Egg Production Expert for Ostrich, Director Alberta Ostrich Association, 33 Years experience
  • VP Product Development – Dr. Stu Greenberg –, CEO Ostrich Pharma USA
  • Board Member – Dr. Lyle Oberg – Presently Chariman of Alberta Health Services
  • CF0 – Actively recruiting for position
  • CMO – Carol Epstein, M.D. .Dr. Epstein has been in the biopharmaceutical industry for over 25 years. She has served as Chief Medical Officer of IRX Therapeutics, Inc
  • Board Member – To be chosen by investor

ADVISORY BOARD:

  • Dr. Alessio Fasano- Director of Center for Celiac Research & Treatment at MassGeneral Hospital. Director of the Mucosal Immunology and Biology Research Center at MassGeneral Hospital for Children (50 scientists and staff). Founder of Zonulin
  • Dr. Meer Janjua – BioNektar Inc. Founder and Chief Medical Officer, International Distribution management through Doctors network
  • Dr. Willian Bithoney MD, FAAP – Dr. William Bithoney is an experienced healthcare professional with more than 35 years of experience in the healthcare sector having served as a physician executive in diverse academic and hospital systems
  • Dr. Elma Hawkins, Ph.D. – Dr. Hawkins’s 30-year career encompasses pioneering efforts in biotechnology and drug development, and executive roles in corporate development, strategy, fundraising, and general management
  • Hassan Hassan = Business Development – CEO of Aim-X Canada. Dedicated International Entrepreneur in Natural Resource Exploration & Sustainable Development
  • Ken Davidson , CPA, CA, CFP, ICD.D -Ken Davidson is an accomplished corporate director, consultant, entrepreneur, Chartered Professional Accountant (CPA) and certified Corporate Director (ICD.D) with over 30 years of experience in a diverse range of industries across Canada, the US and the Caribbean

Currently, Espersen and Bilinski co-own Struthio BioSciences, holding 50% each. The proposed new structure would see that reduced to 25% each, and a more corporate format. Bilinski would become the CEO, at least on an interim basis. Espersen would be a Vice President. This is a far cry from the “family farm” that had been portrayed by media outlets.

Wasn’t this supposed to be about protecting the food supply?

Considering the disdain that the Freedom Movement has for “public health” in general, it seems odd to be supporting the expansion of an enterprise that would see the Chairman of Alberta Health Services become one of the Directors.

In other words, donors are contributing to these legal proceedings in order to protect the expansion of a company engaged in scientific research. These ostriches are test subjects, plain and simple.

At this point, one should ask what benefit donors are getting from contributing to this case. Consider that Bilinski and Espersen were willing to give outsiders a 50% stake in the new company. What would be fair to people contributing to these legal proceedings? Should larger donations merit equity, or dividends?

Silence From “Alternative Media” Outlets

Espersen and Bilinski have every right to earn a living. However, when donations are solicited, there’s an expectation that there will be transparency. While this Motion does shed a lot of light on their business model, it seems unlikely that contributors were fully aware of it.

It’s a fair question to ask if Universal Ostrich Farms will even exist a few years from now, regardless of what the CFIA does. Espersen doesn’t own the land, and the Quigleys are trying to kick them out. Yes, it’s still being disputed in Court in B.C., but still worth asking.

Would people be protesting around the farm’s perimeter if they knew these details? Would they (or their children) feel safe around animals injected with experimental antigens? People need to know what else — if anything — these birds were exposed to.

Druthers, among others, did cover the story, and report on these birds being the solution for “natural immunity”. Covid doesn’t exist, but that’s beside the point here. While Kyoto University was mentioned, there was nothing about where the parties planned to take their relationship.

The proposed trajectory is open-ended pharmaceutical testing, where ostriches will be little more than guinea pigs. Again, this is the kind of thing many in the Freedom Movement are against.

A follow-up from Connie would also be nice.

COURT OF APPEAL (CHALLENGING JUSTICE ZINN’S ORDER)
(1) Ostrich APPEAL Notice Of Appeal (May, 2025)
(2) UOF APPEAL Notice Of Appearance (May, 2025)

COURT OF APPEAL (MOTION TO STAY CULL ORDER)
(1) UOF APPEAL Motion Record To Stay Culling (June, 2025)
(2) UOF APPEAL Notice Of Motion To Stay Culling (June, 2025)
(3) UOF APPEAL Bilinski Affidavit To Stay Culling (June, 2025)
(4) UOF APPEAL Bilinski Affidavit Exhibit E June, 2025)
(5) UOF APPEAL Espersen Affidavit To Stay Culling (June, 2025)
(6) UOF APPEAL Moving Party Submissions To Stay Culling (June, 2025)

COURT OF APPEAL (JUSTICE BATTISTA STAYING CULL ORDER):
(1) UOF Order To Stay Culling (January, 2025)
(2) UOF Notice Of Appeal (February, 2025)
(3) UOF Notice Of Appearance (February, 2025)
(4) UOF Agreement Appeal Book Contents (March, 2025)
(5) UOF Joint Appeal Book (April, 2025)
(6) UOF Consent To Extend Time (May, 2025)
(7) UOF Notice Of Discontinuance (May, 2025)

FEDERAL COURT DOCUMENTS (CFIA):
(1) Ostrich Notice Of Application Certified (January, 2025)
(2) Ostrich Notice Of Application (January, 2025)
(3) Ostrich Notice Of Motion (January, 2025)
(4) Ostrich Bilinski Affidavit (January, 2025)
(5) Ostrich Espersen Affidavit (January, 2025)
(6) Ostrich Pelech Affidavit (January, 2025)
(7) Ostrich Jones Affidavit (January, 2025)
(8) Ostrich Responding Motion Record (January, 2025)
(9) Ostrich Responding Motion Record Expedited (February, 2025)
(10) Ostrich Motion Record Ex-Parte (February, 2025)
(11) Ostrich Exemption Notice Of Application (February, 2025)
(12) Ostrich Exemption Motion Record (February, 2025)
(13) Ostrich Ruling Of Justice Zinn (May, 2025)

MONEY:
(1) https://bcrising.ca/save-our-ostriches/
(2) https://www.gofundme.com/f/help-ostrich-farmers-fight-to-save-herd-from-avian-flu?attribution_id=sl%3A80e09934-7413-429b-acfb-2f7015cc19d3&lang=en_CA
(3) https://www.givesendgo.com/save-our-ostriches
(4) https://www.kinexus.ca/

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