A Burlington restaurant owner is going to court to overturn a human rights complaint over his refusal to allow a patron with a medical marijuana licence to smoke on his property.

Ted Kindos, owner of Gator Ted's Tap and Grill, is seeking a declaration from Ontario Superior Court that provincial laws banning marijuana from all licensed establishments trump former patron Steve Gibson's right to light up.

Attempts to resolve the dispute fell apart earlier this year after Mr. Kindos refused to sign a settlement paying Mr. Gibson $2,000 and requiring him to post a sign saying his establishment accommodated customers with marijuana exemptions.

Mr. Gibson had complained to the Ontario Human Rights Commission that he was discriminated against when he was not allowed to smoke his marijuana outside the bar, which Mr. Kindos says could cost him his liquor licence.

The case has been working its way through the commission for three years but Mr. Kindos's lawyer, Gary Graham, said the issue needs to be determined by a court and not by the commission.

2004 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana