Category: Grifters

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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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Universal Ostrich Farms, Part 5: Notice Of Appeal Alleges Incompetent & Conflicted Counsel

The proceedings with Universal Ostrich Farms didn’t end when Justice Zinn ruled that the Canada Food Inspection Agency (CFIA) had acted reasonably. It’s being challenged again. It’s heading back to the Federal Court of Appeal, in order to overturn that decision.

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

A Notice of Appeal has been filed with the Federal Court of Appeal, attempting to overturn the decision of Justice Zinn. It challenges a number of issues both with the ruling, and the previous representation. This isn’t to reargue the case, but to demonstrate that the findings were flawed. An initial response has been filed, although more documents are still coming in.

  • The Federal Court erred in determining the scope of the CFIA mandate
  • The Federal Court applied the test wrong in reviewing administrative decisions
  • The Federal Court erred in assessing the available evidence
  • The Federal Court misunderstood several key arguments
  • Previous counsel was ineffective at doing their job
  • Previous counsel had (presumably undisclosed) conflict of interest

Also noteworthy: there’s a Motion filed to again stay the cull order, pending resolution of the larger proceeding. At the time of writing this, the Appellants have sent in their Motion Record, but the CFIA has not yet responded.

Appeal Claims Previous Counsel Had Conflict Of Interest

13. In addition and/or in the further alternative, the Appellant submits that the order of Zinn J. be set aside given the ineffective assistance of Appellant’s counsel at the application for judicial review. The Appellant’s prior counsel’s acts and omissions at that hearing fell well outside the range of reasonable professional assistance, amounted to incompetence, and resulted in a miscarriage of justice. Notably, the Appellant’s prior counsel had a financial stake in the destruction of the Appellant’s ostriches, resulting in a blatant conflict of interest that adversely affected counsel’s representation of the Appellant’s interests.

The Notice of Appeal alleges ineffective assistance of counsel at the previous proceeding. Worse, it claims that there were a financial conflict of interests that would work against good representation. Now, it’s not spelled out what this conflict(s) was, but hopefully it will be in later documents.

Appeal Of Justice Battista’s Stay Discontinued

January 31st, 2025, Justice Battista of the Federal Court stayed the CFIA cull order, at least until the broader challenge could be heard. The Government appealed it, although it was eventually dropped. Presumably, Justice Zinn’s ruling made it moot.

The rest of the documents are linked below.

Timeline Of Major Events In Proceedings

For clarity, this hasn’t gone ahead in a linear manner. There have been multiple, overlapping proceedings along the way. Hopefully, this helps somewhat.

January 30th, 2025: Universal Ostrich Farms filed Application to challenge the CFIA “cull order” of their ostriches.

January 30th, 2025: UOF brings Motion to temporarily block culling.

January 31st, 2025: CFIA files a Responding Motion Record to the Stay sought.

January 31st, 2025: Justice Battista issues a temporary stay of the CFIA cull order.

February 7th, 2025: UOF brings a second Application, this time challenging the refusal of the CFIA to issue an exemption for their birds.

February 10th, 2025: CFIA begins Appeal against the staying of the cull order.

February 11th, 2025: UOF files Motion Record in support of request for exemption.

February 20th, 2025: UOF files that it intends to respond at the Appeal.

March 12th, 2025: Parties send their agreement as to the contents of the Appeal Book.

April 11th, 2025: Appeal Book is filed, in challenge to Justice Battista’s ruling.

May 13th, 2025: Justice Zinn denies both Applications. Those were (a) to challenge cull order, and (b) to challenge the exemption refusal.

May 23rd, 2025: A Notice of Discontinuance is filed in the Appeal against Justice Battista’s stay. Since Justice Zinn ruled on the overall case, it would be considered moot.

May 26th, 2025: Notice of Appeal is filed against Justice Zinn’s decision.

May 28th, 2025: CFIA files a Notice of Appearance.

June 2nd, 2025: UOF files its Motion Record to stay the culling.

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.

Anyhow, readers will be updated with whatever twists and turns emerge. But it’s clear that these people won’t go down without a fight.

Regardless of what ultimately happens in Court, Universal Ostrich Farms is still operating what amounts to a bio-lab on their land. Or rather, the Quigleys’ land. Judging by the response that earlier articles have received, and the work of David Dickson, it seems many people didn’t know this.

COURT OF APPEAL (CHALLENGING JUSTICE ZINN’S ORDER)
(1) Ostrich APPEAL Notice Of Appeal (May, 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 4: Foreclosures Worth Looking Into

The memes write themselves: the Espersens are the “undocumented owners”.

The short explanation is that they previously owned the land, but lost it when RBC foreclosed for non-payment. They’ve been trying to get at least a portion of it back, but things have gotten complicated. More on that later.

Universal Ostrich Farms has been busy fundraising as of late, under the guise of fighting a Canada Food Inspection Agency (CFIA) cull order. Among other options, the organization has GoFundMe and GiveSendGo pages up, soliciting donations. Money can also be sent via etransfer or cheque.

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

A reasonable question is this: how will donor money be spent? Keep in mind, once payment is made, it’s virtually impossible to ensure any sort of accountability for how it’s used. And there certainly are concerns here.

Looking through the British Columbia Court Services Online (BC CSO) system, there’s a lot that donors aren’t being told. For starters, the number of mortgage defaults is troubling. The topic definitely requires follow-up, but here are some notable civil cases.

Farm Foreclosure To RBC => Sold To Quigleys

November 2012, RBC filed a Petition against Karen Espersen over a default in their mortgage, located in Section 12 Township 69 of Kootenay District. They were unable to pay their bills, so the bank came for their property.

RBC refers to the property as Kootenay District. The other parties, in subsequent litigation, list it as Langille Road in Edgewood, B.C.

On October 29th, 2014, the Nelson Court certified an order which saw Catherine and Thomas (Owen) Quigley become the new owners. They paid $320,000 for it, and it was to be effective on November 8th, 2014.

Oddly, an “interested party” was seeking documents in 2023. And no, it wasn’t me.

Espersens Sue Quigleys To Regain Ownership

After the foreclosure, that wasn’t the end of it.

The Espersens made an agreement with the Quigleys. It was to see the land subdivided, and eventually, they would regain at least a piece of what they had lost. However, things didn’t work out as planned.

June 2021, the Espersens filed a Notice of Civil Claim against the Quigleys. They claim that they’ve fulfilled their obligations, and ask that a portion of the land be transferred to them. They listed in detail the expenses they had contributed overall. It’s also stated that they were paying rent on the property. From 2015 to 2018, it was $1,300 per month. Since then, the amounts were $1,200 per month.

In their Response, at paragraph 12, it’s stated that the proposed subdivision of the property was denied. Afterwards, the Espersens allegedly demanded the entire property back. In their Amended Response, their clarify that this problem with splitting the property is largely (although not entirely) why things soured.

In 2024, because so much time had lapsed, the Quigleys had to seek permission to file a Counterclaim against the Esperens. It was granted. In it, they demanded that the Court they are the sole owners. One of the problems is that the Espersens allowed the Bilinskis to move into a second house on the property, which presumably wasn’t part of the agreement.

One of the other allegations in the Counterclaim is that the ostrich farm has obstructed the ability of the Quigleys to do their own hay farming. In their Response, the Espersens invoke the Statute of Limitations, implying that it was too late anyway.

Now, the Trial was supposed to begin in April 2025. Unsurprisingly, it has been postponed until April 2026. It seems that a lot was going on with the CFIA.

Do the people donating to this farm know that they’re not the owners? Are they aware that there’s a very real possibility that they could be kicked out anyway? One has to wonder if all of this money will be used to fight the CFIA, or if some will end up going to Trial costs.

Espersen/Bilinski Have Joint Foreclosure In 2024

October 2022, Espersen and Bilinski were hit with another Petition, this time in Section 13 Township 69 of Kootenay District. The Court approved the sale in the Summer of 2024.

David Bilinski Has History Of Foreclosures

According to Court Services Online (CSO), David Michael Bilinski has been involved in dozens of lawsuits, including several other foreclosures. This doesn’t come across as being particularly responsible.

  • February 1999 in Vancouver (H990228)
  • March 2010 in Kelowna (86857)
  • May 2010 in Kamloops (44287)
  • May 2012 in Kelowna (95163)
  • January 2013 in Vernon (50615)
  • September 2013 in Vernon (51343)
  • December 2015 in Nelson (19101)
  • February 2016 in Kelowna (110087)
  • October 2022 in Nelson (22450)

Worth noting: Nelson, Kamloops, Kelowna and Vernon are all within driving distance of each other. It’s roughly the same area in B.C.

Unless this is a bizarre coincidence, and it’s some other David Bilinski, there are questions about how productively donation money will be used. And where it will be going.

Writs Against Rocky Mountain Ostrich Enterprises Ltd.

According to paragraph 6 of Karen Espersen’s Affidavit in the CFIA cases:

“In 1995 my husband and I began managing quarantines for Rocky Mountain Ostrich. Subsequent to that we operated a farm with 200 breeding ostriches. We focused on the benefits of ostrich farming, and studied the psychology and physiology of the ostrich.”

It seems the company wasn’t all that well managed, because there were 2 certificates filed in Federal Court years ago, seeking seizure of assets to pay debts.

ITA-8475-96: Writ of Fieri Facias issued to Sheriff of Alberta
ITA-12258-02: Writ of Seizure and Sale issued to Sheriff of British Columbia

For reference, a Writ of Fieri Facias is the same as an order to seize and sell a debtor’s property in order to satisfy a Court judgement for debt or damages. A request has been made to obtain the actual documents.

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.

Similarly: British Columbia also has an extensive online system, although most of it is paywalled. Still, determined sleuths can find information for minimal costs.

Now, with all the attention centered around protecting ostriches, it seems that few have bothered to look into the people asking for money. All of this is public record, and easy enough to find. But for some reason, leading figures in the “alternative media” haven’t. Why aren’t: (a) Viva Frei; (b) Juno/True North; (c) Press For Truth; (d) Rebel; (e) Liberty Talk, and others, asking such questions?

If you want hard truth, contact your local Twitter troll.

Or, perhaps David Dickson.

ESPERSEN/RBC FORECLOSURE:
(1) Espersen RBC Petition (November 2012)
(2) Espersen RBC Requisition (February 2013)
(3) Espersen RBC Notice Of Hearing (February 2013)
(4) Espersen RBC Requisition By Interested Party (August 2023)

QUIGLEY/ESPERSEN COURT DOCUMENTS:
(1) Espersen Notice Of Civil Claim (November 2021)
(2) Espersen Response To Civil Claim (November 2021)
(3) Espersen Amended Response To Civil Claim (April 2023)
(4) Espersen Notice Of Application To Extend Time Counterclaim (February 2024)
(5) Espersen Order For Extension To File (March 2024)
(6) Espersen Counterclaim (March 2024)
(7) Espersen Response To Counterclaim (March 2024)
(8) Espersen Notice Of Trial (May 2024)
(9) Espersen Requisition To Adjourn (April 2025)
(10) Espersen Notice Of Trial (April 2025)
(11) Espersen Consent To New Trial Date (May 2025)

BILINSKI/ESPERSEN/0752063 B.C. LTD FORECLOSURE:
(1) Espersen 0752063 Petition October 2022
(2) Espersen 0752063 Consent Order For Foreclosure (June 2023)
(3) Espersen 0752063 Notice Of Application (November 2023)
(4) Espersen 0752063 Order (November 2023)
(5) Espersen 0752063 Notice Of Application (July 2024)
(6) Espersen 0752063 Application Response (August 2024)
(7) Espersen 0752063 Requisition August 2024
(8) Espersen 0752063 Requisition GENERAL August 2024

FEDERAL COURT WRITS: $61,134 in 1996 and $24,310 in 2002
(1) Rocky Mountain Ostrich AB Certificate (1996)
(2) Rocky Mountain Ostrich AB Request (1996)
(3) Rocky Mountain Ostrich AB Writ of Fieri Facias (1996)
(4) Rocky Mountain Ostrich BC Certificate (2002)
(5) Rocky Mountain Ostrich BC Requisition (2002)
(6) Rocky Mountain Ostrich BC Writ Of Seizure And Sale (2002)

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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