Cal Wenzel, Naheed Nenshi lawsuit could be resolved before new year

A judge has quashed an application by the Calgary businessman suing Mayor Naheed Nenshitopreventa jury trial for thedefamation lawsuit.

Shane Homes CEOCal Wenzel had applied to request a summary judgment, arguing his case was overwhelming. It's aclaim Nenshi's lawyer Munaf Mohamed argued against.

Wenzelisseeking $6 million inpunitive and exemplary damages for two incidents, including remarksNenshimade on CBC Radio in 2013 during the municipal election campaign.

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The three-week trial is set for February2016, but there is still another chance it could be avoided.

Justice David Gatesoffered tomediate talks between the two parties ahead of the trial to see if they can work out an agreement, andboth lawyers indicated they would participate.

Because of the tight timeline, judicial resolution would have to take place on a weekend sometime before the end of 2015 and may even be held in a hotel.

$6Mfigure dropped

Wenzel'slawyerAriel Breitman also indicated he is the process of amending the statement of claim.

One of the key changes will see the dollar amount in damages sought by Wenzel droppedinsteadleaving it to the judge or jury to decide what, if anything, iswarranted.

So far, Mohamed has agreed to 28 of 34 changes proposed by Wenzel.

Gates has ordered Breitmantosubmit his final proposed changesby Dec. 2 with Mohamed's response sent in a few days later.

An appeal on the judge'srejection of the application for summary judgement has not been ruled out.