A consultant that helped North Van Gemini Food Services Ltd. break into the cafeteria-services market is suing the company for alleged breach of a revenue share contract.
In a statement of claim filed August 5 in BC Supreme Court, Gianni Filangieri alleges that he agreed to use "his reputation, expertise and experience in the provision of catering and cafeteria services for schools" to help Jorge Koc and Charlene Spadaro launch North Van Gemini Food Services Ltd. and secure food catering and cafeteria contracts with North Vancouver School District.
The claim alleges that, prior to launching North Van Gemini, Koc and Spadaro had no school cafeteria experience. According to the claim, Filangieri provided services including:
•formulating and making a proposal to the District to provide food catering and cafeteria services;
•advising and training Koc, Spadaro and staff in the provision of catering and cafeteria services to the school district;
•providing suppliers and securing credit arrangements with suppliers; and
•providing advice and expertise in the management and operation of catering and cafeteria services.
The claim alleges that, in return, Filangieri was to be paid 5% of North Van Gemini's gross sales, to a maximum of $50,000, annually for six years. The claim states that the defendants agreed to provide the plaintiff with monthly reports of sales at schools and, upon request, copies of other documentation to enable him to calculate gross sales.
It alleges that in 2004 and 2005, Filangieri received "a small portion of the payments due him." After that, the claim states, he received neither the contractual 5% of gross sales nor the monthly reports and other documentation stipulated in the contract.
Filangieri is suing Koc, Spadaro and North Van Gemini for: specific performance of the contract; damages; and an accounting of North Van Gemini's profits, dividends, interests, monies and income.
None of these allegations has been proven in court.
As of press time, no statement of defence had been filed. •
