Naheed Nenshi defamation trial could be delayed
Cal Wenzel's lawyer wants to re-examine mayor, even though trial date already set
Businessman Cal Wenzel's change of lawyer, and other moves in his defamation suit against Mayor Naheed Nenshi, has prompted a Calgary judge 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 Nenshi for 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 a date for a 14-day trial in February 2016. Nenshi's request for a civil jury trial was also granted.
Wenzel recently changed lawyers, which has brought some new thinking to the case.
On Thursday in Court of Queen's Bench, Wenzel's lawyer Ariel Breitman signaled 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 reduce the number of days needed to hear the remainder of the case next year.
Nenshi's lawyer said in court he was surprised by the 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 revealed he intends to file an amended statement of claim soon — something Mohamed said he did not know was coming.
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 what he 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 has had no discussions on a settlement with Wenzel's new lawyers.
In July, Nenshi's chief of staff Chima Nkemdirim told CBC News the mayor was disappointed a settlement hasn't been reached but remained hopeful it could be resolved before the trial date.
Breitman told the judge he would be presenting his motion for a summary judgement in a few days as well as an amended statement of claim against Nenshi.
Wenzel has already modified his statement of claim, dropping the allegation that Nenshi's comments caused the businessman to suffer financially.
To proceed with that at trial, Wenzel would have to provide evidence in court that he had incurred financial harm because of the mayor's comments.