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Winnipeg Free Press - PRINT EDITION

Man claims he's frozen out of downtown café, sues

By: Aldo Santin

Posted: 05/10/2012 1:00 AM

BORIS MINKEVICH / WINNIPEG FREE PRESS Pop Soda�s on Portage Avenue is the target of legal action. (WINNIPEG FREE PRESS) Photo Store

A trendy new downtown café has become the target of legal action by a local businessman who claims he was promised a share of the thriving operation.

Businessman Joseph Dorge is suing Pop Soda's Coffeehouse & Gallery, a numbered Manitoba company that owns the café, and three individuals identified as key company officials.

Dorge said he agreed to buy a 25 per cent interest in the business from Joseph Santorelli in exchange for $58,750.

Dorge alleges he gave Santorelli a certified cheque for $56,250 payable to Pop Soda's and was credited for $2,500 in labour.

Dorge states no one associated with the Portage Avenue café will authorize the transfer of the shares and they have refused to refund the money he gave them.

Dorge is asking for a judgment of $56,250 with interest and legal costs.

The allegations have not been proved in court.

A statement of defence was filed recently, where the principals involved in Pop Soda's deny Dorge's allegations.

Santorelli alleges that Dorge approached him with an offer to buy shares but said he turned him down.

However, in the statement of defence, Santorelli admits he accepted a bank draft from Dorge but did so only on terms that he alone would repay Dorge the money, and that Dorge released the business, the numbered company and Santorelli's partners from any obligation to repay the loan.

Santorelli, who identified himself as manager of Pop Soda's, told the Free Press there is no merit to the legal action.

The statement of defence asks the court to dismiss the action with costs.

Dorge used to own a Pembina Highway pizza business, still operates a bakery making pizza crusts and works as a truck driver.

In an interview with the Free Press, Dorge said he sold his home to raise the money to buy into the café. He said he closed his pizza business in anticipation of being a working partner, adding he had to take a job as a truck driver to pay his bills.

Dorge named Santorelli, Christine Boss, identified as business proprietor and as a former acting director of the numbered company, and Marston Jeffrey Fleming, the current director and proprietor.

Dorge alleges he made his deal with Santorelli in July 2011 and gave him the certified bank draft in October.

Dorge also alleges Santorelli reneged on payment of $524 for an order of thin, yeast-free pizza shells he supplied to the café in January. Dorge is also asking the court for a separate judgment in that amount.

aldo.santin@freepress.mb.ca

Republished from the Winnipeg Free Press print edition May 10, 2012 B3