Prof. Neil Boyd

The appellant appealed a Notice of Proposal by the Registrar to refuse her application for a cannabis retail manager licence.

The refusal was based on her past operation of illegal "Cannabis Culture" dispensaries and her 2017 convictions for possession for the purpose of trafficking and possession of proceeds of crime.

The Tribunal found that the appellant's past conduct, characterized by civil disobedience and transparency, did not establish reasonable grounds to believe she would fail to act in accordance with the law, honesty, or integrity if licenced.

The Tribunal noted her full compliance with bail and probation terms and her current commitment to the legal cannabis framework.

The Tribunal set aside the Notice of Proposal and directed the Registrar to issue the licence without conditions.

The City of Toronto brought a motion for an interlocutory injunction to shut down several medical cannabis dispensaries operating in violation of its zoning by-laws.

The dispensary operators brought a cross-motion seeking an interlocutory exemption from the by-laws and the Controlled Drugs and Substances Act, arguing that the existing regulatory scheme failed to provide reasonable access to medical cannabis.

Applying the RJR-MacDonald test, the court found that the balance of convenience favoured the City, as there is a presumption that validly enacted laws serve the public interest.

The court granted the City's injunction but declined to issue an order directing police enforcement, noting the lack of statutory authority for such an order in a civil proceeding.

The operators' cross-motion was dismissed.