Ex-Penticton pot shop sued by landlord

The shop’s owner is also being taken to court by the City of West Kelowna

One of the five former Penticton cannabis dispensaries is facing litigation in the B.C. Supreme Court over the storefront it briefly occupied.

Okanagan Cannabis Solutions, a company based in West Kelowna, set up a storefront on Main Street in Penticton early in 2017, despite losing their bid for a temporary use permit (TUP) from the city last December.

The shop was set up in early January, but only stayed open for about a month, closing in February.

Related: Medical marijuana dispensary opening, even without permit

The city began fining dispensaries remaining open without a TUP, starting at $250 per week, escalating to $500 per week, and then to $500 per day.

A lawsuit filed this week by Kojack Discos Ltd. against Robert Jaenicke, owner of Okanagan Cannabis Solutions claimed the two entered into a lease on the property at #104-575 Main Street on Nov. 4 last year, removing the subjects on the lease later that month.

On Jan. 1 this year, Jaenicke had access to the property, but Kojack Discos claims the storefront was abandoned by Jaenicke and his pot shop by Apr. 1 this year, without paying rent.

Related: Some dispensaries ‘thumbing their noses’ at the city

“Since the breach by the defendant, the plaintiff has listed the property and attempted to find a new tenant to no avail,” the lawsuit claimed.

Kojack Discos is seeking an unspecified amount for damages resulting from the lease breach, interest defined on the lease and legal costs.

Okanagan Cannabis Solutions is also one of five parties named in a legal action filed this week by the City of West Kelowna attempting to gain a court order to shut down the city’s dispensaries.

Related: West Kelowna moves to courts to shut down pot dispensaries

The City of Penticton reneged on its position on dispensaries in the summer, refusing to renew TUPs for any of the previously approved pot shops.

The city has entered into agreements with two of the dispensaries and hoped to have one final agreement signed by the end of November with a dispensary that never gained city approval.


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