Geisweiller’s Statement of Defense

The Statement of Defense form includes a blank for the amount the defendant acknowledges owing (or is willing to pay) to the plaintiff. Geisweiller had specified the figure, $150.00. He also had the following written statement:

Statement of Defense
Small Claims court
Claim # T6322 1997

The defendant contests the claim by the plaintiff for the following reasons:

  • The amount of time spent working on the project is overstated

  • the billable rate is higher than the standard $45/hr charged for similar services by similar consultants when objectives are reached

  • as acknowledged by the plaintiff, no results were achieved and no knowledge was passed on by the plaintiff to the defendant

  • costs were incurred by the plaintiff on behalf of the defendant by calling the defendant’s other consultants. Bills were later submitted by these consultants to the defendant.

Furthermore, the defendant made several attempts to negotiate the amount billed by the plaintiff and made numerous offers. The plaintiff’s attitude was it should be a payment in full of the invoice submitted, or litigation.

The defendant respectfully suggests that this case may be better served by arbitration. The defendant being French speaking and the plaintiff having pursued his secondary education in French, a request is made to have the case heard in French.

 

Wittenberg’s Response

April 30, 1998
Toronto Small Claims Court
Toronto, ON

Re: Claim # T 6322 1997: Response to Defendant’s Request for Trial in French

To the Court:

Defendant’s Statement of Defense of April 23, 1998 falsely states that my secondary school education was in French, and requests a French trial.

My secondary school education took place at a typical public high school in Toronto where English was the medium of instruction. French was not even among my electives.

I spent a few elementary school years in a French school. I also spent a few years in a Hebrew school, but I forbore to request a Hebrew hearing of the Court, because I am prepared for a fair trial.

As for defendant’s facility in English: (1) He has operated a Toronto business for well over a decade. I know from personal observation that he conducts the bulk of his daily dealings with staff, suppliers and customers in English. (2) My own business relationship of ten years with defendant was conducted exclusively in English. (3) Defendant has even published at least one feature article in the Globe and Mail, which bills him as “a Toronto-based freelance writer.”

In sum, defendant’s implication that his English is limited undermines his own credibility and can only be viewed as a brazen attempt to mislead the Court. I respectfully request a trial in English.

Sincerely,

Uriel Wittenberg
(Plaintiff)

 

c.c.    Fred Geisweiller
Le Select Bistro
328 Queen St. West
Toronto, Ontario
M5V 2A2

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