On the other hand, The Story Book Farm Primate Sanctuary has demanded the case to be adjourned for numerous reasons. In court documents Nakhuda claims that Darwin has become an integral part of her family and she is even willing to leave the city, and shift to somewhere she will be allowed to keep him. The document submitted in court, reads that sanctuary now claims to owns the monkey, and disagrees by pointed out that wild animals are owned by their possessors and Nakhuda willingly turned Darwin over to Toronto Animal Services.
Nakhuda, who is a real estate lawyer, organized a protest outside the office of Toronto Animal Services on Wednesday. She was surrounded by almost 15 people during the protest. Nakhuda alleged that she was not given the opportunity for remedial actions, after being fined $240 for breaking Toronto’s prohibited-animal bylaw. Nakhuda stated on Wednesday that “I’ve spoken to a number of people in the legal community and they do agree that there is no statute allowing the city to take an animal away based on the circumstances.” She alleged that “hopefully, based on the law, the judge will decide that Darwin should be returned to his rightful owner.”