The mall that manages the food court is now suing to evict the eatery and is seeking almost $19,000 in penalties.
In a ten page lawsuit dated November 14, Industrial Alliance says they have tried to come to terms with Chez Fourna which is contesting last summer's notice of eviction.
The lawsuit claims the restaurant violated a clause of the lease that said it could sell manouchi - Lebanese-style flatbread with toppings - but not with tomatoes, mozzarella and pepperoni because that would make it too much like pizza and new tenant Double Pizza had pizza exclusivity rights.
Chez Fourna has been open for nearly ten years.
Shuyee Lee/CJAD 800
Owner Mohammad Eid has told CJAD 800 in the past that it was unfair he was being singled out. Eid said he tried to compromise by rolling up his manouchi with tomato sauce so it wouldn't look like pizza and that manouchi wasn't even made with the same type of dough.
Since it's now before the courts, he and his new lawyer wouldn't comment with the attorney only saying they'll work nonstop to make sure "that their client's rights are fully preserved and protected."
Industrial Alliance also told CJAD 800 it would not comment, saying it tried to come to a settlement but "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."