Credits: Stan Behal/Toronto Sun/QMI Agency
The court heard Nakhuda's lawyer Ted Charney's evidence supporting a temporary return, possibly in time for the holidays.
"There are medical reasons for the family to be reunited with their pet," he said.
Charney said the conditions laid out in an offer for supervised visits to the sanctuary were not agreeable. He took issue with the inclusion of terms such as a police officer searching Nakhuda when she visits.
He also reiterated one of Nakhuda's claims of what happened at the Animal Services centre the evening Darwin was recovered after running loose in an Ikea parking lot.
"Something went very wrong at Animal Services that day," Charney said.
Nakhuda's affidavit says she was told by the bylaw officer that if she didn't sign the surrender form, she could face criminal charges.
Defense lawyer Kevin Toyne - representing Story Book Farm Primate Sanctuary and its founder Sherri Delaney - told the court that caution needs to be exercised before a decision to return Darwin on an interim basis is made, citing an incomplete record and the need for more evidence.
Court resumes 10 a.m. Friday. A distraught Nakhuda exited the courthouse, clutching the small coat Darwin was wearing when he was photographed by Ikea shoppers less than two weeks ago.