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.


@dustinrgodfrey

dustin.godfrey@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Warmer fall weather could extend wildfire season: AccuWeather

Above seasonal temperatures are expected throughout September, October and November

South Okanagan dangerous offender back in court

Administrative error has led to more court time being used up in Penticton

Nominees announced for 2019 Business Excellence Awards

The event is presented this year by McPhail Kilt Makers, hosted Oct. 5 at Penticton Lakeside Resort

Penticton Vees gearing up for exhibition games

Among their exhibition hockey games are two against the defending champion Brooks Bandits

Cannings to pedal through South Okanagan — West Kootenay riding

MP leaves from Nakusp on Aug. 23 and ends in Kaleden on Aug. 29.

VIDEO: Title of 25th Bond movie is ‘No Time to Die’

The film is set to be released in April 2020

RCMP catch ‘erratic’ driving thieves; upon release steal mountain bike

The incident involved a police chase, taser, and a destroyed vehicle

New study suggests autism overdiagnosed: Canadian expert

Laurent Mottron: ‘Autistic people we test now are less and less different than typical people’

B.C. father tells judge he did not kill his young daughters

Andrew Berry pleaded not guilty to the December 2017 deaths

Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline

Crown corporation believes the expansion project could be in service by mid-2022

Riot on the Roof returns to top of North Okanagan Parkade

Party of the summer will rock out above the city

Heavy police responses in Kamloops connected to unfounded weapons calls

Mounties were seen in Westsyde and in North Kamloops on Tuesday night and Wednesday morning

Suspect drops white powder running from police near Kelowna playground

Kelowna RCMP responded to reports of two individuals swinging a chain in a park

Rosemount cooked diced chicken linked to listeria case in B.C.

The symptoms of listeria include vomiting, nausea, fever, muscle aches

Most Read