The city of Toronto has succeeded in its quest for an injunction to force an unlicensed cannabis dispensary to shut down.
The dispensary in question, Canna Clinic, had filed a similar injunction as well, asking the court to allow the store to remain open. Their injunction was rejected.
Both of these injunction requests were made in relation to a court case scheduled for December 10, 11 and 12 2018 to deal with two applications from the business seeking to gain a business licence from the city.
The city had argued the business was illegal and the dispensary had argued the city’s bylaws are unconstitutional, saying that the public good would be greater served if the business were allowed to stay open, citing a previous court case (Allard) that made reference to dispensaries.
The court agreed with the city and Attorney General that Allard made no ruling on the legality of storefront dispensaries and that the case was not applicable for Canna Clinic’s argument.
The judge’s ruling states that the public interest is best served by maintaining the existing legislation that says dispensaries are not legal, ruling the businesses in question and their respondents not use property in Toronto to sell or distribute marijuana.
Toronto had requested further powers to close the businesses if they do not follow the injunction, but the court declined.
Canna Clinic has been the target of large scale raids by the RCMP, including seven Toronto locations, six Toronto residences and six Vancouver locations.