COURT WON'T DISMISS POT CASE

By Jordana Huber, Canwest News Service

(CNS) - The Federal Court has declined to throw out the case of a
Burlington restaurant owner who wants one of his former patrons
stripped of his right to smoke medical marijuana.

Ted Kindos, owner of Gator Ted's Tap and Grill, is seeking a
declaration from the Federal Court that people with a permit to smoke
medicinal marijuana cannot do so in a public place or any licensed
establishment.

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

Federal government lawyers sought 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.

In his decision released on Monday, Federal Court Prothonotary Kevin
Aalto said Gator Ted's is "caught in a conundrum" between Ottawa's
medical marijuana regulations and its obligations under the
regulations of the Liquor License Act of Ontario.