B.C. farmers who own 400 ostriches ordered destroyed because of bird flu plan to ask Canada’s highest court to once again delay the cull, arguing that the birds are healthy and have posed no threat for months.

Katie Pasitney, whose parents own Universal Ostrich Farms in Edgewater, B.C., said the family is determined to take their case to the Supreme Court of Canada after the Federal Court of Appeal ruled Thursday that the Canadian Food Inspection Agency was operating within its mandate when it concluded the birds should be destroyed.