[420 Girl]

TORONTO -- The Federal Court has declined to throw out the case of an Ontario 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 in Burlington, Ont., 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 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 Monday afternoon, 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.

The restaurant "ought to have its day in this court," the decision said.

A prothonotary performs some of the same functions as a judge in the Federal Court.

Mr. Kindos is facing a human-rights complaint for asking Mr. Gibson not to light up outside his business. Mr. Gibson contends in his human rights complaint that he's being discriminated against because he has a disability.

Mr. Kindos argues he could lose his liquor licence if he allows Mr. Gibson to smoke or hold the controlled substance in or out front of his restaurant.

Where an authorized permit holder uses marijuana is not governed by federal regulations but Ottawa is considering whether it should be.

Health Canada said it is looking at developing options that would "clarify and limit" where permit holders could smoke.

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