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.
