The basis of the slander claimmis as follows
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Since the plaintiff proved the elements of defamation, it fell to the defendant to establish the defence of fair comment – that is, that the statement was opinion, reasonably held, on the basis of true facts and on a matter of public interest.
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http://www.torys.com/Publications/Do.../LDR2008-5.pdf
Nenshi's opinion that wenzel broke the election laws was reasonably held, based on the tapes, and an individual circumventing election laws is in the matter of public interest. So in my non legal opinion they dont need to make any kind of judgement on whether Wenzel broke election laws just that based on the facts on the tape a reasonable person could hold that opinion.