A judge has ordered the Vern’s Pizza in Saskatoon’s Sutherland neighbourhood to stop using the Vern’s name after finding its franchise agreement expired in 2016.
In a recent King’s Bench decision, Justice Michael Tomka found the operator of the restaurant breached its franchise agreement and the Trademark Act.
Tomka ordered the franchisee “to cease and permanently refrain from carrying on business as a Vern’s Pizza at the Central Ave location.”
The restaurant has until Sept. 30 to follow the judge’s order.
Brothers Wayne and Kelly Shutyr operate the restaurant, according to court documents.
The Shutyrs entered into a franchise agreement with Vern’s Pizza Company Ltd. in 2000, to run two restaurants — Central Avenue and 8th Street East.
In August 2016, the 8th Street location closed because the landlord sold the building. The lease was terminated.
Court documents say “the franchisor attempted to find possible alternative locations” for the second restaurant.
Without a second store …