TORONTO, Sept. 29 (UPI) -- A Canadian court has ruled a Niagara Falls marine attraction must return a killer whale it was loaned by the U.S. SeaWorld consortium in Orlando, Fla.
In 2006, SeaWorld agreed to lend 4-year-old Ikaika to Marineland to use in its breeding program, in exchange for the loan of four beluga whales, the QMI Agency reported. Marineland has only one other killer whale.
Last year, SeaWorld told Marineland it wanted the whale back and had concerns about the female killer whale's health.
The Canadian company challenged the request in court and lost in May. The company then appealed. It lost the appeal Wednesday when a three-judge panel with the Ontario Court of Appeal issued a nine-page ruling in favor of SeaWorld.
"This was not a guaranteed, long-term relationship," the ruling said. "The termination provision is clear and not commercially unreasonable."
John Holer, founder and president of Marineland, told QMI in an e-mail the 4,000-pound whale was in perfect health and had been declared healthy by two veterinarians in May.
He said he is considering litigation against SeaWorld.
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