FEDS FIGHT BACK IN T.O. POT RESTAURANT CASE

Federal government lawyers will ask a judge Monday to throw out the
case of an Ontario restaurant owner who wants one of his former
patrons stripped of his right to smoke medical marijuana.

This is the latest manoeuvre in the legal battle between Ted Kindos,
owner of Gator Ted's Tap and Grill in Burlington, Ont., and former
customer Steve Gibson. The restaurant owner is facing a human rights
complaint for asking Gibson not to light up outside his business.

So Kindos is looking for a declaration from the Federal Court that
people with a permit to smoke medicinal marijuana cannot do so in a
public place or at any licensed establishment.

He also wants the court to order Health Canada not to renew the permit
of his former patron, arguing Gibson has not been in compliance with
its terms of use.

Gibson contends in his human rights complaint that he's being
discriminated against because he has a disability. Kindos says he
could lose his liquor licence if he allows Gibson to smoke in or out
front of his restaurant.

Federal lawyers said they are seeking to dismiss the case, arguing
there is no dispute that requires adjudication because Health Canada
does not purport to authorize permit holders to smoke marijuana in
violation of any applicable law or in an establishment subject to
Ontario's liquor licensing laws.