One of the co-owners of a prestigious Vancouver restaurant who also planned to put a bakery and eatery inside a Penticton heritage property has been charged with fraud.
Giulio Miceli, who co-owns La Terraza in Vancouver, appeared in Penticton Provincial Court on Aug. 13 for his first appearance on the charge of fraud over $5,000, which lists an offence date of April 1, 2021.
That lines up with the start of allegations he has been sued over in civil court by Stagewest Winery Limited Partnership (SWLP), the company that owns and operates Play Estate Winery in Penticton.
According to the amended civil claim by SWLP, Miceli, through his Miceli Investments corporation, owns a quarter of the partnership shares in Stagewest.
Up until 2023, Miceli had been one of two directors in Stagewest Hospitality Winery General Partner Corp. (SHWGP) and owned half of its voting shares by early 2021.
In 2021, SWLP and Miceli allegedly entered into a management agreement for Play Estate and the restaurant at the winery, with a long list of responsibilities and requirements.
In the amended claim, SWLP alleges that it both overpaid Miceli and that he had also breached the terms of the agreement through various means. This includes claims of improperly hiring relatives for positions in staffing and management, improperly invoicing SWLP in excess of the agreed wages and expenses, diverting funds from the restaurant to Miceli Investments Corp., failing to deal with inquiries from the CRA in a timely and adequate fashion, and improperly trying to bankrupt SWLP.
The management agreement lasted about a year, according to the civil suit, and broke down in April 2022, with a new partner corporation appointed in January 2023.
Alleged diverted funds total $200,000, along with unspecified amounts of overpayment, which SWLP is seeking, as well as a judgment of $500,000 for the alleged breaches of the management agreement, negligent operation of the restaurant and winery, and breach of duty of care to SWLP.
Additional allegations were dropped from the amended suit, including claims around Miceli's 2023 bankruptcy proceedings.
Miceli himself fired back with a counterclaim that he is owed about $320,000, between reported unpaid salary and stipends for work up until SWLP terminated his services, alleged payment in lieu of notice he claims he's owed, expense reimbursements, gratuities and over $230,000 in unspecified debt.
The civil claims and counterclaims have been denied by the respective sides in the lawsuits, and none of the allegations have been heard or proven in court.
In December 2024, Miceli had also gone before Penticton city council to seek their approval for variances to the zoning that would allow for a restaurant and bakery to be hosted inside the Riordan House, a heritage property on Winnipeg Street.
Council gave unanimous approval to the proposal. Since then, the hedges have been cleared out around the property, but little visible work has taken place.
Miceli is due back in court on Sept. 3 to consult with his legal counsel, court records indicate. A trial date for his criminal charge has not been set.
