A winner from Ontario’s second pot lottery who was planning to open a cannabis retail store in northwest London has been disqualified.

Robert Chomiak submitted a proposal to open a recreational pot shop in a commercial plaza at 1310 Fanshawe Park Rd. W. in Hyde Park.

There already are three brick-and-mortar marijauana stores operating in London – the only municipality in Southwestern Ontario to land any of the first 25 outlets – and the city was on track to score another two following the second lottery in the summer.

But Chomiak’s application – one of 42 selected from nearly 5,000 expressions of interest – was disqualified last Thursday, says the Alcohol and Gaming Commission of Ontario (AGCO), the province’s pot regulator.

According to the AGCO, Chomiak’s application was disqualified under lottery rules that required successful applicants to submit a $50,000 letter of credit from a financial institution, provide proof that a retail space had been secured and pay fees of $10,000 within five business days of announcement of the lottery draw.

“While I am unable to speak to the status of individual applications, I can say that the lottery rules for the allocation lottery were explicit . . . those who did not meet those requirements were disqualified,” AGCO spokesperson Ray Kahnert said in an email.

Chomiak, who couldn’t be reached for comment Tuesday, proposed opening his store in a plaza at the corner of Fanshawe Park and Hyde Park roads. The plaza houses Winners, WalMart, Old Navy and several other big box stores.

In total, 20 applications have been disqualified since the Aug. 20 draw. Eleven of the disqualified lottery winners launched a legal challenge that was dismissed last month. However, before the case was dismissed, a judge imposed a two-week injunction on the AGCO, putting a halt to processing cannabis store applications and granting licences.

The delay has made it unlikely that any of the 42 lottery winners will be open by this month, the earliest that the AGCO said they could be up and running.

“I think even a December opening, at this point, is optimistic.” said Ottawa-based cannabis lawyer Trina Fraser, whose clients include some of the lottery winners.

Most are waiting to receive location approvals from the AGCO – proposed sites must undergo a 15-day public consultation period – before renovating their stores, Fraser said.

“Obviously (they’re) wanting a certain amount of comfort that they’re going to get approved before they start building a store,” she said.

London’s second lottery winner, Noah Soberano, has proposed opening in a former restaurant at 1135 Richmond St., just south of Western University’s main gates. No work appears to have started yet on the site.

Unlike the first lottery that saw most winners penalized between $12,500 and $50,000 for not opening on time, the second one won’t impose similar penalties. Lottery winners have a year to be up and running and only face financial penalties for violating commission rules, the AGCO said.