A showdown in south Burnaby was expected July 25 between the owner of a restaurant and his neighbour, who is growing medical marijuana.
Anton Heggen, owner of the Fraser Park Restaurant in the 4600-block Byrne Road, is fuming that the smell of pot from a recently opened medical marijuana grow-op next door to his strata-titled unit is causing a big stir in his eatery.
And he has demanded the owner of the unit stop growing the pot because of the smell.
"I first noticed the smell three months ago," Heggen said Monday (July 22) afternoon at his busy restaurant in the industrial strip mall.
Heggen, 62, who has operated his family-run restaurant for 17 years, said he has brought the issue to the attention of the strata council running the 14-unit complex.
"We don't allow a grow-op," he said of his interpretation of the Strata Property Act.
"Customers are asking, 'What are you doing the back there?'" he said. "I don't like the smell in my restaurant. It is not right. You open the door and get a good whiff of marijuana."
The proliferation of medical marijuana grow ops has resulted in about 25,000 British Columbians now holding pot-growing licences issued by Health Canada.
According to Phil Dougan, the lawyer for Darren Pearson who has the licence to grow pot in the Byrne Road complex, they plan on meeting with the strata council of the property on Thursday.
"We are going on Thursday for a meeting," Dougan said. "It is a very interesting set of circumstances - it is a two-sides-of-the-coin issue.
"But the reality is, it is legal, and he has special dispensation.
"I'm hoping we can hear their concerns and see what can be done so Mr. Pearson can continue to do what he has been allowed to do," said Dougan. "A good ventilation and security system will go a long way," he added.
The number of British Columbians holding grow-op licences almost tripled last year, and the province now holds more than half of all Canadian licences.
Dougan pointed out his client is not violating any bylaw in Burnaby. "I'm not aware of any bylaws that would restrict them from growing medical marijuana," he said.
In June, citing public safety, then-federal Health Minister Leona Aglukkaq rolled up new medical-pot rules, citing overwhelming growth in medical marijuana users as a reason to ban patients from growing their own.
"This rapid increase has had unintended consequences for public health, safety and security as a result of allowing individuals to produce marijuana in their homes," she said at the time.
"Under the new regulations, production will no longer take place in homes and municipal zoning laws will need to be respected, which will further enhance public safety."
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