Naheed Nenshi defamation trial could be delayed

Businessman Cal Wenzel's change of lawyer, and other moves in his defamation suit against Mayor Naheed Nenshi, has prompted a Calgaryjudge to question whether he's being asked to take "steps backward" that would jeopardize the trial date.

Wenzel,the founder of Shane Homes, is suing Nenshifor defamation. He's seeking $6 million in damages for remarks Nenshi made on CBC Radio in 2013 during the municipal election campaign.

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Nenshi is denying all the allegations in Wenzel's statement of claim.

Earlier this year, a judge set adatefor a 14-day trial in February 2016. Nenshi'srequestfor a civiljury trial was also granted.

Wenzel recently changed lawyers, whichhasbrought some new thinking to the case.

On Thursday in Court of Queen's Bench, Wenzel's lawyer Ariel Breitmansignaled he intends to bring forward a motion for a summary judgement on some parts of the case.

He also indicated he wants to re-examine Nenshi and call other witnesses relevant to the case.

'Steps backwards?'

Justice David Gates questioned the moves. He said,given that a trial date has already been set and the only thing that was really new in the case is a change of legal counsel,"why would we start taking steps backwards?"

Gates also said he was very concerned about jeopardizing the trial date, but he agreed to wait to hear arguments on the motions.

Breitman suggested that if his motion for a summary judgement is accepted, it could potentially reducethe number of days needed to hear the remainder of the case next year.

Nenshi's lawyersaid in court he was surprised bythe motion, which came to his attention recently. Munaf Mohamed said his client has a right to a jury trial and a judge has already granted it.

He said he feared the wrangling could "triple the cost"of the proceedings.

"Mr Wenzel might have deep pockets but my client does not," said Mohamed.

Wenzel's lawyer also revealedhe intends to file an amended statement of claim soon somethingMohamedsaid he did not know wascoming.

Negotiations unsuccessful

The two sides have failed to reach a negotiated settlement in the case, even though earlier this year a judge asked the two sides to work on it.

Gates asked for an update, saying he sensed there was goodwill between the lawyers to avoid whathe called "a three- week spectacle in front of the media."

He asked Breitman directly if his client was interested in negotiating. Breitman replied that he is'"trying to resolve the matter." Mohamed said he hashad no discussions on a settlement with Wenzel's new lawyers.

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In July, Nenshi'schief of staff Chima Nkemdirimtold CBC News the mayor was disappointed a settlement hasn't been reached but remained hopeful it could be resolved before the trial date.

Breitmantold the judge he would be presenting his motion for a summary judgement in a few days as well as an amendedstatement of claim against Nenshi.

Wenzelhas alreadymodified his statement of claim, dropping the allegation that Nenshi'scomments caused the businessman to suffer financially.

To proceed with that at trial, Wenzel would have to provide evidence in court that he had incurredfinancial harm because of the mayor's comments.