Restaurateur abusing legal system, plaintiff says

A man suing a high-profile Toronto restaurateur for back wages says his legal opponent is "abusing Canada's well-intentioned language protections" to his own advantage.

Frederic Geisweiller, the owner of the upscale Le Select Bistro, was recently granted a new trial to defend himself in French despite the fact he is fluent in both official languages.

"Here is an evasion of justice actually succeeding in our legal system on the basis of laws that are set up to protect culture," said Mr. Geisweiller's opponent, Uriel Wittenberg, a computer consultant. "He has only appealed because he lost."

The Ontario Superior Court of Justice threw out a small claims court decision that ordered Mr. Geisweiller to pay Mr. Wittenberg $1,120 for computer work going back to 1997.

The court ordered a new bilingual trial despite the fact Mr. Geisweiller did not object to continuing in English -- the language in which he conducts his business -- during the civil trial. "It was not a matter as to whether I was given a choice or no choice," said Mr. Geisweiller, who defended himself in small claims court.

"You cannot ever waive your rights."

Mr. Geisweiller said he is more comfortable in French and appealed the decision to defend his language rights.

In its ruling, the Superior Court said the judge in the civil trial -- who doesn't speak French -- erred when he didn't offer Mr. Geisweiller bilingual proceedings when the request came up. The court said Mr. Geisweiller's language rights were breached when the judge didn't adjourn until a bilingual judge could be found.

"His right to elect French isn't dependent on how well he speaks English or how fluently," said Tory Colvin, a University of Western Ontario law professor and past-president of a group representing French-speaking lawyers in the province.

"It's a question of comfort. To [be dependent on how well he speaks English] would, according to the Supreme Court of Canada, be a constitutional violation."

Although bilingual trials in small claims court are relatively rare (292 cases in 1998), a spokesman for Ontario's attorney- general said every effort is made in the province to accommodate such requests.

"Even if it's logistically difficult to do, we make sure it can happen," Brendan Crawley said.

Mr. Crawley said anyone in the province who speaks French has the right to a bilingual civil or criminal trial according to the Courts of Justice Act.

But for Mr. Wittenberg, the case is not about the important balance of language rights in the country.

"I believe that these are very well-intentioned rights. I strongly believe that a French-speaking person should be able to get a trial in French anywhere in Canada. But this is a grotesque abuse of that right to cheat somebody that he owes money to out of their money."

Mr. Geisweiller said hiring a lawyer to appeal his case has now cost him far more than if he had paid the $1,120 in back wages for which he is being sued.

"There is a principle that needed to be upheld, which is the right of anyone here to be heard in the language that they choose, French or English."

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