A whale of a custody battle may soon be over for Marineland, after an Ontario Court of Appeal decision ruled that the facility must return one of its whales back to the owners - Florida-based SeaWorld Parks & Entertainment. The animal had been on loan to Marineland since 2006 under a breeding agreement.

In return for the whale, SeaWorld received four beluga whales from the Niagara Falls facility but then SeaWorld informed Marineland in 2010 that they wanted their nine year old whale back because they were concerned about the its physical and psychological health. Marineland refused to do so and the judge recently ruled that Seaworld was within its rights to terminate the agreement and ordered Marineland to hand over the whale. Marineland appealed the order to the Ontario Court of Appeal. A three-member appeals panel upheld the lower court's decision.

At the hearing in St. Catharines, SeaWorld maintained the loan agreement could be terminated at any time, but Marineland argued it could only happen if the park was unable to care for the animal. The 1,815 kilogram whale was examined by two veterinarians last May and given a clean bill of health. Fred Jacobs, SeaWorld spokesperson, said in a written statement Wednesday that SeaWorld was 'gratified' by the ruling.

SeaWorld said it plans to move Ikaika to one of its three U.S. marine parks at the earliest opportunity. The company has 19 whales in the United States, which is the world's largest collection of captive killer whales. Marineland has one other killer whale, a female called Kiska.