Lawyers representing 11 persons who had been disqualified from applying to open a cannabis retail retailer in Ontario are searching for to appeal right 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 locating the Alcohol and Gaming Commission of Ontario acted reasonably in interpreting the licensing guidelines.
It also argues the case raises challenges that go beyond the interests of the certain parties, such as what counts as correct notification.
The group has also filed a motion contesting an additional judge’s choice not to place the cannabis licensing procedure 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 technique, had stated the applicants had been rejected for failing to submit a letter of credit inside the established 5-day deadline.
But lawyers for the group stated the e-mail notifying their customers of the lottery’s outcome bounced back, and the deadline ought to have been adjusted to account for when they truly received the message.
The divisional court ruled against the group and also lifted a remain on the licensing procedure for the most recent round of pot shops, which it had place in location whilst the case was underway.
That meant an additional 11 persons who had 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.
Even so, the request for an interim remain was dismissed, with that judge saying he was not happy the applicants would endure irreparable harm devoid of 1.
In court documents, lawyers for the group say they will argue the judge erred in locating their customers could sue the AGCO for damages.
They say they will also argue the judge was mistaken when he stated the appeal court could need the government to enable 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 shops.
Lottery winners have 5 business enterprise days to turn in their application, along with a $six,000 non-refundable charge and a $50,000 letter of credit.