Lawyers representing 11 individuals who have been disqualified from applying to open a cannabis retail retailer in Ontario are searching for to appeal soon after a court dismissed their challenge of the rejection final month.
The group has filed a notice that it is searching for leave to appeal the divisional court choice, saying the 3-judge panel erred in getting the Alcohol and Gaming Commission of Ontario acted reasonably in interpreting the licensing guidelines.
It also argues the case raises problems that go beyond the interests of the precise parties, such as what counts as appropriate notification.
The group has also filed a motion contesting an additional judge’s choice not to place the cannabis licensing approach on hold till the application for leave to appeal is resolved.
The 11 initially turned to the court in September to challenge their disqualification and dispute the fairness of the procedures involved in the lottery made use of to grant pot shop licences.
The Alcohol and Gaming Commission of Ontario, which administers the program, had mentioned the applicants have been rejected for failing to submit a letter of credit inside the established 5-day deadline.
But lawyers for the group mentioned the e-mail notifying their customers of the lottery’s outcome bounced back, and the deadline really should have been adjusted to account for when they essentially received the message.
The divisional court ruled against the group and also lifted a remain on the licensing approach for the most current round of pot shops, which it had place in spot when the case was underway.
That meant an additional 11 individuals who have been chosen to replace these disqualified could proceed with their applications.
Lawyers for the rejected applicants, meanwhile, filed the notice searching for leave to appeal in the days that followed the ruling. They also sought to have an additional remain imposed till the matter was concluded.
On the other hand, the request for an interim remain was dismissed, with that judge saying he was not happy the applicants would endure irreparable harm with out 1.
In court documents, lawyers for the group say they will argue the judge erred in getting their customers could sue the AGCO for damages.
They say they will also argue the judge was mistaken when he mentioned the appeal court could demand the government to permit the group to apply for licences if that challenge is thriving.
“This court has no jurisdiction to compel the government to act in that manner,” the documents say.
The government has held two rounds so far of the lottery that determines who can apply to open cannabis retailers.
Lottery winners have 5 enterprise days to turn in their application, along with a $six,000 non-refundable charge and a $50,000 letter of credit.