The Supreme Court of Canada will not hear the Universal Ostrich Farm appeal.
It was the Edgewood farm owner’s last legal attempt to save its over 300 birds from being culled.
The case has filtered through the courts since the Canadian Food Inspection Agency made the order following last December’s discovery of an avian flu outbreak.
Farm owners say the forcible seizure of the birds by the agency and RCMP was illegal.
The Supreme Court decision follows unsuccessful appeals to lower courts.
The court panel did not give reasons for its decision.
In a statement on its website, the Canadian Food Inspection Agency said it will be moving forward with “complete depopulation and disposal measures” of the ostriches.
The CFIA has been on site at the farm for several weeks, but their actions were stalled awaiting the Supreme Court’s decision.
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