Pizza war is heading to the courts
Lebanese-style bakery ensnared in battle over its flatbread manouchi
A provincial court judge might have to decide what legally constitutes a pizza. That’s one of the issues at play in a lawsuit filed by insurance company Industrial Alliance against Chez Fourna, a Lebanese-style bakery located in the food court of the downtown Carrefour Industrielle Alliance mall. Industrial Alliance is seeking to evict Chez Fourna on the grounds that it has been selling pizza — in violation of its lease. Among the items on Chez Fourna’s menu is a type of round Lebanese-style flatbread, called manouchi. Those flatbreads come with a variety of toppings, ranging from zatar spice mix, to spinach and feta cheese, as well as three combinations that involve tomato sauce and mozzarella. It’s the tomato sauce, mozzarella cheese and salami that are at issue. According to the lawsuit, filed in Quebec City, Chez Fourna’s lease gives it the right to sell several Lebanese-style flatbread with toppings that include meat and cheese, but not pizza. Industrial Alliance considers the flatbreads with tomato sauce, mozzarella and or pepperoni to be the equivalent of pizza. Those flatbreads aren’t a new addition to Chez Fourna’s menu.
In a July interview, Mohammad Eid, the owner of Chez Fourna, said he’s been selling manouchi with tomato sauce since he bought the business nearly a decade ago. According to the lawsuit, Industrial Alliance “tolerated” Chez Fourna selling a food it considers to be pizza because no other restaurant in the food court had exclusive pizza rights. That changed in the spring of 2017, when a Double Pizza franchise was given pizza exclusivity, according to the lawsuit. Industrial Alliance said each restaurant in the food court has exclusive rights to sell specific foods in an effort to ensure variety and create “healthy and fair competition between the different restaurateurs.” It was at this point, according to the lawsuit, that Industrial Alliance told Chez Fourna to stop selling pizza. Eid said in July that he made changes to his menu in response to that request — removing square pizzas sold by the slice. But that wasn’t enough for mall management who consider the manouchi with tomato sauce to be pizza. So, in an effort to find a compromise, Eid began to only sell manouchi with tomato sauce rolled up — rather than flat. His menu sign now displays flat manouchi with toppings like spinach and feta and rolled manouchi with tomato sauce. But, according to the lawsuit, Chez Fourna’s lease bans it from selling “dishes or ingredients … related to those of pizza.” In addition to an eviction order, Industrial Alliance is seeing $18,841.20 in penalties. Chez Fourna’s lawyer said the restaurant will fight the suit. “We are taking this very seriously and our firm will do all that is legally required to protect the interest of our client,” said Jason Novak, a lawyer at Spiegel Sohmer, who is representing Chez Fourna. “We intend to file a defence in relation to their allegations.” Novak said he couldn’t comment further because the matter is before the court. “We have taken concrete action with respect to our tenant, Chez Fourna, to come to a settlement and agreement that is satisfactory to all parties,” Pierre Picard, communications manager at Industrial Alliance, wrote in an email. “Failure to come to such an agreement or a compromise and Chez Fourna’s challenge of the termination notice received, have led us to take the matter before the court to obtain a decision with respect to the current dispute regarding the termination of the lease in question.”
Our firm will do all that is legally required to protect the interest of our client.