Court rules on fate of Serpentarium reptiles



The fate of the hundreds of reptiles at the Seaway Serpentarium has been decided, sort of.



Plaintiff Esther Pittman and respondents Daniela Kubias, Ted Loyst and Bry Loyst headed into court on Tuesday for the case deciding the fate of the collection of hundreds of reptiles left by Serpentarium founder Karel Fortyn who passed away May 2.

Madam Justice Theresa Maddalena ruled that Fortyn’s brother Jan is legally entitled to make any decisions about the animals and that they should be removed from the premises within 21 days. As part of her ruling Maddalena also stipulated that Pittman vacate the property as soon as the animals are moved.



For Kubais, Fortyn’s common-law wife of 27 years, the reptiles can’t be moved quickly enough as she is the clear owner of the property currently occupied by Pittman and the reptiles.

“Everybody is telling me without a doubt I am the owner of the property,” said Kubias, who moved out of the building last March.

When Fortyn first passed Kubias appointed the Loyst’s from the Indian River Reptile Zoo to take care of the animals. However because of disputes over control of the collection the animals, and Pittman, have remained in the home.



“In the meantime the bills are piling up and it is all in my name,” said Kubias, who as a pensioner lives on a fixed budget.

“My income just nicely covers my own living,” said Kubias, who plans to sell the house once the reptiles are removed to recoup some of those costs.



Currently about $9,078 is owed in back taxes, water and electricity on the property. Kubias visited the Serpentarium last Thursday to deliver invoices for the costs to Pittman, and when no one answered the door, she slipped them in the window.

As part of her ruling Maddalena awarded Kubias those costs from Fortyn’s estate in addition to $2,000 for legal costs.

“I’m very happy personally,” said Kubias, adding she is happy to finally have an answer.

The venomous snakes will be sent to Reptilia in Vaughan while the non-venomous species will go to Little Ray’s Reptile Zoo in Ottawa.



“I’m only sorry that the fate of the Orinoco’s still hangs,” said Kubias of two endangered crocodiles currently residing at the Serpentarium. While the ruling stated that the pair of crocodiles should be removed as soon as possible because they are an endangered species finding a home could be difficult.

Kubias did point out that in her opinion the Loyst’s should care for the animals at their facility until permanent homes can be found.



“I believe he (Bry) is the most capable person,” said Kubias

www.niagarathisweek.com/news/article/1031731--slithery-tale-comes-to-end

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• Slithery tale comes to end - EricWI, Wed Jun 22 18:03:48 2011