OTTAWA — The Canadian Food Inspection Agency says material submitted by a British Columbia ostrich farm to support another stay of an avian flu cull order for its flock is improper, because it asks the court to decide on a matter of science.

The lawyer for Universal Ostrich Farms in Edgewood, B.C., had written to the Federal Court of Appeal on Wednesday seeking “retroactive” permission for having submitted the documents four hours late.

The CFIA says in response that it has no objections to the extension, but that doesn’t mean it agrees the submissions are “admissible or material” to the request for another stay.

Its cites a new expert report for the farm by a University of B.C. professor that it says largely repeats opinions in other expert reports already deemed by the Federal Court t

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