NEWS photo Brad Ledwidge PARK and Tilford’s Rack It! owner Don tsaak gets into the spirit of victory following a recent court decision. Legal action pends over school name Namesake of culinary business takes issue Robert Gatster News Reporter robert@nsnews.com A statement of claim filed in B.C. Supreme Court gives two West Vancouverites notice of an impending food fight. The claim was filed on May 1 by Pierre Dubrulle. He alleges the current owners of a Vancouver culinary school bearing his name do not have the right to continue using it. “The school’s use of Mr. Dubrulle’s name falsely implies an affiliation or connection with iam that the school docs not have,” states the claim. “The school’s use of Mr. Dubrulle’s name is intended to further the defendants’ own financial gain.” A year ago Vanccuver’s Maureen Palfreyman and = Edward Cooke purchased the school from Diana Becker, also from West Vancouver and former partner of Pierre Dubrulle. Although Becker could not be reached for comment, Dubrulle alleges he gave her permission to continue using cling his inter- tution but only as song as she owns it. Bur the school’s current owners are not only surprised by the claim, they also find Dubrulle’s a: n hard to swallow. “We have never represented the school as Pierre Dubrulls, West we don’r have 9 picture of him,” said Cooke. Since purchasing it, Cooke said the school’s scope has been expanded and for the past six months it has been operat- ing as) othe Dubrulle International Culinary and Hotel Institute of Canada. Although the new owners have not yet filed a statement of defence, Cooke said they will call for documentation of Pierre Dubrulle’s claims. He added they are also considering formulating a damage action against Dubrulle if his suit has any negative impact on the school’s business activities. The school graduates 250 students per year and will like- ly see the number grow as its fc is expanded by the hi and wife Palfreyman and Cooke. Palfreyman has a masters team of Court ru Robert Galster News Reporter robert@nsnews.com PARK and Tilford’s two wine-related busi- nesses are going to have to get along. A Supreme B.C. lawsuit launched Liberty Wine Merchants Ltd. against the mall and its tenant Rack Ic! Winemaking was recently dismissed. In its action, Liberty alleged the mall violated an exclusivity clause contained in its lease when they allowed the cn-site wine- maker to open shop. However, in his judge- ment, Mr. Justice Mackenzie ruled the lease was not violated because it covered only wine. “T conclude that Rack It! is not engaged in the sale of wine, because of the manner in which its transactions are structured,” stated Mackenzie. “Accordingly | conclude that the defen- degree in social work while Cooke has 2 masters in’ busi- ness administration. Cooke was also instrume>tal in devel- oping BCIT's tourism pro- gram. Both have since consulted in a variety of fields including education and hote] develop- ment. “We say his (Pierre Duprulle’s) claim is frivolous,” said Cooke. DPOUD> UI aad} UIA BPO; Naturo! unbleached cotton towels. $6 to $32 Gorgeous summer knits. From $52 * ROBIN KAY SIMPLIFY LIFE 1571 MARINE DRIVE, WEST VANCOUVER, 925-6611 Court of retailers of dants are not in breach of Liberty's iease The must be dismissed.” The judge's canclusion rests in parton the fact che government and ots regula tory agencies de nat consid er othe ansite | brewing industry in rhe same catego- ry oas) traditional aleohal based indusiries. ve pedge ruled in fos infinite wisdom (that) (Rack Ett) are not. selling wine — they are selling wine kits,” said a disap- pointed Robert Simpson. Liberty co-osne Liberty W Merchants Led. has been selling wines from around the world in Park and Tilford since 1989. Six vears later when they found out about Rack It!’s impending opening, they launched the court action — one day before its scheduled opening. Since then, they have seen sales levels of lower end wines drop significantly. For his part, Rack It!’s owner Don Isaak has never done business without the awuen Sunday, May 10, 1998 — North Shore News - 9 cloud of lingation hanging over him. “Pm retieved and a little lighter in the pocket book,” “| Wino. which was a hte lesson f didn’t think P would have to learn.” He said hiring a lawver to represent him would have cost about $30,000 leaving him “no choice.” “Et cook months out of lity to said life of a vour life and your a run your business, Isaak. “Its the les on wine fight small businessman ... if it’s not one thing, it’s another.” Simpson said he dvesn’t know what Liberty's next step will be. “We're not in the job of Hitigaring.” he said of the possibihty of additional court action, “We're look- ing at a couple of strategies .. 1 guess you could say we're licking our wounds.” Morguard Investments, Park and Tilford’s manage- ment company, did not return News calls to press time Friday. 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