Darwin’s Former Owner, Nakhuda, Files Appeal against Decision

This article was last updated on April 16, 2022

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The custody dispute of Darwin, or more popular as the Ikea monkey, has been dragged to the next level by his former owner, who has recently filed an appeal against the court ruling that disallowed her from getting him back. The lawyer for the sanctuary where Darwin is being cared since he was confiscated by the authorities last year, i.e. Story Book Farm Primate Sanctuary, Kevin Toyne, has confirmed that the appeal was filed on Friday.

In a statement emailed in his official capacity, Toyne alleged that “the sanctuary strongly believes that the trial judge reached the right result, namely that Darwin is wild animal now owned by the sanctuary.” He added that “Darwin is thriving at the sanctuary and he will continue to receive excellent care from the sanctuary’s dedicated volunteers. The sanctuary will vigorously defend the trial judge’s decision in the Court of Appeal.” The ruling announced last month by Justice Mary Vallee declined a lawsuit filed by Darwin’s former owner, Yasmin Nakhuda, asserting that the monkey was a domesticated pet who belonged with his family. Instead, Vallee ruled that Darwin is a wild animal and that Nakhuda “lost ownership of the monkey when she lost possession.”

Nakhuda is now seeking that the Court of Appeal for Ontario orders the sanctuary to the return the custody of her monkey and make the primate sanctuary pay her legal bills. She will be contesting that Judge Vallee erred in her judgment and failed to appreciate that her monkey was unlawfully detained by Toronto Animal Services.