Yasmin Nakhuda says she's been devastated ever since her pet was taken away and will appear in Ontario Superior Court on Thursday, Dec. 20, hoping to have Darwin allowed back home.
The Japanese macaque made international headlines when he was found wandering in the Ikea parking lot in north Toronto last Sunday, wearing a stylish shearling coat.
Nakhuda said she left Darwin in the car while she visited the store and he managed to escape.
The monkey was later taken to the Story Book Farm Primate Sanctuary, in Sunderland, Ont.
The motion seeks to have Darwin returned or "the alternative, an order granting the plaintiff reasonable access on a schedule to be fixed by this court."
In her motion Nakhuda argues the monkey was "unlawfully" taken from her.