TORONTO

Ikea Monkey will not be returned to his “mom.”

Justice Mary E. Vallee dismissed the case Friday, agreeing with lawyers for Story Book Farm Primate Sanctuary where Darwin has been living since he was found roaming a North York Ikea in a fashion-forward shearling coat in December.

The judge ruled Toronto Animal Services did not unlawfully detain the monkey when they were called the store to retrieve him after he got out of his “mom” Yazmin Nakhuda’s vehicle.

“The monkey is a wild animal,” Vallee writes in the decision. “The concepts of habit of returning home and immediate pursuit do not apply. Ms. Nakhuda lost ownership of the monkey when she lost possession.”

Nakhuda’s lawyer, Ted Charney, argued that his client did not understand she was transferring ownership of the monkey when she went to Toronto Animal Services after the incident. But Vallee disagreed.

“Ms. Nakhuda understood that by signing the TAS form, she transferred ownership of the monkey to the City of Toronto,” the judge wrote. “She was upset but was not unduly influenced when she signed the form.”

The rhesus macaque became an international sensation after the incident, prompting everything from a flurry of media coverage to jokes on late night talk shows.

Nakhuda and Charney were silent Friday, offering no comment. A call to Nakhuda’s own law office was met with a short reply.

“No comment, please,” said the receptionist before hanging up.

It was similarly quiet at the sanctuary in Sunderland, Ont., about an hour northeast of Toronto, where a private security firm had been hired to stand watch at the end of the farm’s long lane way. The ornate metal gate, with its swinging monkey insignia, was closed and appeared locked.

But in a brief statement, sanctuary staff thanked Vallee for her “comprehensive and detailed” decision. They also thanked their legal team and supporters and expressed their happiness with the verdict.

“Story Book is very proud to have played a part in shaping Canadian law and we will continue our efforts to influence how non-human primates are treated in Canada,” they said.

The statement also briefly mentions Darwin himself. He will remain at the sanctuary.

“Darwin has continued to grow and thrive since arriving at Story Book last December,” the statement said. “We will continue to watch him grow and develop into the monkey that he was always supposed to be.”

Ikea Monkey Judgment