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FactumofPlaintiff Nakhuda.dec.17.12 (1)

FactumofPlaintiff Nakhuda.dec.17.12 (1)

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Published by Maclean's Magazine

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Published by: Maclean's Magazine on Jan 03, 2013
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01/03/2013

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Court File No. 81654/12
ONTARIO 
SUPERIOR COURT OF JUSTICEB E T W E E N :
YASMIN NAKHUDA
Plaintiff- and -
STORY BOOK FARM PRIMATE SANCTUARY and SHERRI DELANEY
Defendants
PLAINTIFF’S
FACTUM
(Returnable December 20, 2012)
Falconer Charney LLP
 Barristers at Law8 Prince Arthur AvenueToronto, ON M5R 1A9Theodore P. Charney
Lawyer’s Registration No: 26853E
 Tel: (416) 964-3408Fax: (416) 929-8179Lawyers for the plaintiff, YasminNakhuda
 
2
TO:
 
Brauti Thorning Zibarras LLP
 151 Yonge Street, Suite 1800Toronto, OntarioM5C 2W7Kevin D. Toyne
 
Tel: (416) 362- 2961Fax: (416) 3642-8410Lawyers for the Defendants, Story Book Farm PrimateSanctuary and Sherri Delaney
 
3
PART I - OVERVIEW
1. Th
e plaintiff Yasmin Nakhuda (“Yasmin”) seeks an order for interim
recovery of possession of personal property, described as a Japanese macaquemonkey named Darwin. Yasmin owned Darwin who was seized by AnimalServices on December 9, 2012, at IKEA under intense media and internetattention.2.
Once the “IKEA monkey” story hit the media, the defendants immediately
applied to have Darwin transferred to their farm. He was transferred to the farmin Sunderland, Ontario, on December 10, 2012.3. The sanctuary provides a home for abused and abandoned primates.While the stated goals and operations of the sanctuary are salutary, Darwin is notan abandoned or abused primate. He was in perfect health when AnimalServices gave him to the defendants. When the defendants took possession of 
Darwin, Ms. Delaney was aware that Darwin is Yasmin’s pet and that he was
taken from her by Animal Services.4. Darwin belongs to Yasmin and should be returned to the family with whomhe has bonded and who considers him to be their pet or companion animal.5. The defendants will not suffer any prejudice if Darwin is returned toYasmin, whereas Yasmin and her family have been traumatized by their petbeing taken away from them. Their bond with Darwin will be severed with thepassage of time as Darwin grows older and assumes he has been abandoned.Indeed, that is what the defendants are counting on by refusing access. Thedefendants have refused all requests for access. The balance of conveniencefavors the return of Darwin until the trial.

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