http://www.vancouversun.com/health/ruling+expected+face+federal+appeal/4613580/story.html
An excerpt:
On Monday, the Ontario Superior Court declared the rules that govern medical marijuana access and the prohibitions laid out in sections 4 and 7 of the Controlled Drugs and Substances Act "constitutionally invalid and of no force and effect," effectively paving the way for legalization of the drug. Section 4 is the section that makes possession of marijuana illegal and Section 7 makes cultivation illegal.
If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.
The ruling stemmed from the constitutional challenge of Matthew Mernagh, a man who relies on medical marijuana to ease pain brought on by fibromyalgia, scoliosis, seizures and depression.
The Ontario Court of Appeal had previously recognized that to deprive someone with a serious illness of medical marijuana if it relieves their pain is a violation of the Charter of Rights.