Yasmin Nakhuda had a pet monkey. On December 9, 2012, she went shopping and took the monkey along. She left him in a double locked crate inside her locked car. She did this because the store she was attending did not allow pets. While she was in the store, the monkey escaped from both the crate and the car and ran away. He was picked up by Toronto Animal Services. When Ms. Nakuda arrived at the shelter to claim the monkey, TAS would not give him to her. Ms. Nakhuda signed a document which states, “I surrender/sign over the animal…” TAS had the monkey tested to determine whether he was carrying any diseases in particular, Hepatitis B, which is fatal to humans. He was clear. TAS took the monkey to Story Book Primate Sanctuary where the Sanctuary signed an adoption form. Ms Nakuda brings this action against the Sanctuary and its owner, Sherry Delaney, to recover the monkey.
The Plaintiff’s action was dismissed and the monkey remains at the Primate Sanctuary.
Source: Case Law