Cal Wenzel suing Mayor Nenshi for $6M

[MrMastodonFarm]

Originally Posted by killer_carlson

I wonder when/if the Mayor parks his ego and apologizes to mitigate his damages.

Lol what

[killer_carlson]

One of the defences to mitigate damages in a defamation case is to apologize.

[CaptainYooh]

Originally Posted by Voodooman

Not to put too fine a point on it, but I sincerely hope that old fool Wenzel takes a heart attack and dies...

Only a complete and utter idiot would post something like this, regardless of what one's position is on the issue. Speaks exactly to the point of the lawsuit - the affair has generated a lot of personal distress for the plaintiff.

Cal Wenzel donated millions of dollars to an array of great charities in Calgary, both personally and corporately. What have you done???

Originally Posted by killer_carlson

I wonder when/if the Mayor parks his ego and apologizes to mitigate his damages.

That's exactly what is going to happen. Nenshi will state publicly that he exercised poor judgement using the words "illegally" and "godfather" and that he did it in the heat of the moment or something like that, which in retrospect,was a poor choice of words on his part and for that he apologizes. Almost 100% guaranteed.

[Iowa_Flames_Fan]

Originally Posted by CaptainYooh

Only a complete and utter idiot would post something like this, regardless of what one's position is on the issue. Speaks exactly to the point of the lawsuit - the affair has generated a lot of personal distress for the plaintiff.

Cal Wenzel donated millions of dollars to an array of great charities in Calgary, both personally and corporately. What have you done???


That's exactly what is going to happen. Nenshi will state publicly that he exercised poor judgement using the words "illegally" and "godfather" and that he did it in the heat of the moment or something like that, which in retrospect,was a poor choice of words on his part and for that he apologizes. Almost 100% guaranteed.

I can almost guarantee that he does no such thing. The way this ends is that when Wenzel finally gets this to trial (if he doesn't drop it first), his lawyer gets yelled at for bringing a claim that lacks any merit whatsoever, and Wenzel gets to pay costs to Nenshi, which in the context of a 6 million dollar claim will be pretty significant.

[CaptainYooh]

I would be extremely surprised if this goes to trial. Nenshi is not stupid and will not push his luck on this. He knows he said something he should not have said. I am sure he will apologize voluntarily to avoid being told to apologize by the court. His political purposes have been served well. Wenzel literally gave him a plate full of gold and Nenshi used it without hesitation to his fullest advantage during the election campaign. That's politics and Wenzel should have known better than to say things he said publicly. As I said earlier, homebuilders in Calgary historically were always apolitical and they should have stayed that way letting the developers lobby and do the "politicking".

[Iowa_Flames_Fan]

The fact that you think there is even a remote prospect of Nenshi being told to apologize by a court demonstrates that you have no understanding of the law in this area. No offence, but Wenzel is the one with egg on his face here, not Nenshi.

[Barnet Flame]

Originally Posted by killer_carlson

I wonder when/if the Mayor parks his ego and apologizes to mitigate his damages.

That.

Or he could watch it get laughed out of court.

[GGG]

Originally Posted by Iowa_Flames_Fan

The fact that you think there is even a remote prospect of Nenshi being told to apologize by a court demonstrates that you have no understanding of the law in this area. No offence, but Wenzel is the one with egg on his face here, not Nenshi.

Of course a court wont tell himto apologize...

Wenzel has said he will drop the suit if Nenshi apologizes which would end the law suit. The question is does this external distraction affect his ability to move forward with his agenda. This lawsuit existing allows the yop vs latte myth continue to propagate. It creates a wedge with can frame every debate. Instead apologizing and moving on would allow everything to keep moving along.

[CaptainYooh]

Originally Posted by Iowa_Flames_Fan

The fact that you think there is even a remote prospect of Nenshi being told to apologize by a court demonstrates that you have no understanding of the law in this area. No offence, but Wenzel is the one with egg on his face here, not Nenshi.

I am not a lawyer, are you? I am aware of many instances where court has ordered defendants to apologize publicly to plaintiffs. There are lawyers here, they can comment.

[SebC]

Originally Posted by CaptainYooh

Cal Wenzel donated millions of dollars to an array of great charities in Calgary, both personally and corporately. What have you done???

Are those millions more or less than the millions he's received in subsidies from taxpayers?

=============

Originally Posted by 1stLand

When you are mayor, you are in the public spotlight and you need to be able to take criticism and understand you will have vocal opponents.

Going after and vilifying 1 businessman is unbecoming of a mayor. I don't remember Duerr or bronco getting into a public *issing match with a vocal opponent outside of the mayoral race.

It doesn't make the lawsuit right, but it could have been avoided if Nenshi was a more mature person.

I don't remember any businessman going as far as Wenzel did to oppose Duerr or Bronconier either.

[1stLand]

I just find it funny that Nenshi would choose to go after Cal Wenzel after that video surfaced and then make "Home Builder Subsidies" an issue in the election. It feels like a personal vendetta to me.

Politically, I think Nenshi alienated a lot of people who worked in the Home Building industry and understand how subsidies work and saw how badly Nenshi 'Dumbed down" the issue to make it seem like Tax Payers were subsidizing Millionaire Developers.

People fail to realize that Nenshi received less than 80% support in the election. Had he run on his record or 'status quo', I feel he would have been re-elected with closer to 90%.
(This guy was a friggin hero during the floods for crying out loud).

So for him to receive less than 80% in the polls says something about his Ego getting the best of him.

This wasn't "City of Calgary Taxpayers" vs Home Builders led by Cal Wenzel.

I felt this was more like "Nenshi vs. Home Builders led by Cal Wenzel".

[19Yzerman19]

Originally Posted by Slava

I think that the settlement would be nominal, like $1 and an apology. Unless there are actual damages that can be proven.

This is wrong. In a defamation suit damages are assumed. He doesn't need to prove them.

As for the apology, the Court has jurisdiction to do certain things under statute and common law. It also has a broad equitable jurisdiction to provide injunctive relief (i.e., make orders). I don't litigate, and can't tell you if an QB justice has the authority to order the Mayor to apologize but I can tell you it's pretty goddamn unlikely.

[Slava]

Originally Posted by 19Yzerman19

This is wrong. In a defamation suit damages are assumed. He doesn't need to prove them.

As for the apology, the Court has jurisdiction to do certain things under statute and common law. It also has a broad equitable jurisdiction to provide injunctive relief (i.e., make orders). I don't litigate, and can't tell you if an QB justice has the authority to order the Mayor to apologize but I can tell you it's pretty goddamn unlikely.

Well I'm definitely not a lawyer, so my thoughts here are basically of no consequence. But are you saying that if he was successful here, Wenzel would get $5 million? Surely damages have to be substantiated somehow?

I guess I do understand that defamation isn't the same as other negligence in the sense of damages. But I don't understand how damages are figured in a case like this.

[jayswin]

Originally Posted by 1stLand

I just find it funny that Nenshi would choose to go after Cal Wenzel after that video surfaced and then make "Home Builder Subsidies" an issue in the election. It feels like a personal vendetta to me.

Politically, I think Nenshi alienated a lot of people who worked in the Home Building industry and understand how subsidies work and saw how badly Nenshi 'Dumbed down" the issue to make it seem like Tax Payers were subsidizing Millionaire Developers.

People fail to realize that Nenshi received less than 80% support in the election. Had he run on his record or 'status quo', I feel he would have been re-elected with closer to 90%.
(This guy was a friggin hero during the floods for crying out loud).

So for him to receive less than 80% in the polls says something about his Ego getting the best of him.

This wasn't "City of Calgary Taxpayers" vs Home Builders led by Cal Wenzel.

I felt this was more like "Nenshi vs. Home Builders led by Cal Wenzel".

Wasn't that mostly due to the low turnout? Aka, the angriest people are the loudest. I know myself, and lots of people I talked to, support Nenshi (like most of the city) but didn't take the time to vote because it was going to be a landslide.

[troutman]

Originally Posted by Iowa_Flames_Fan

The fact that you think there is even a remote prospect of Nenshi being told to apologize by a court demonstrates that you have no understanding of the law in this area. No offence, but Wenzel is the one with egg on his face here, not Nenshi.

Yup. In fact, Nenshi's counsel should be seeking a high amount of security for costs against the Plaintiff for filing a claim with little chance of success. Maybe half a million.

[craigwd]

Originally Posted by flameswin

Wasn't that mostly due to the low turnout? Aka, the angriest people are the loudest. I know myself, and lots of people I talked to, support Nenshi (like most of the city) but didn't take the time to vote because it was going to be a landslide.

Turnout was higher than expected.
Remember that Nenshi was polling in the mid 80s during the campaign and ended up with mid 70s.

[Addick]

Originally Posted by CaptainYooh

Cal Wenzel donated millions of dollars to an array of great charities in Calgary, both personally and corporately. What have you done???.

While Voodooman's post was out of line, donating money to charities does not make someone a good and honest person. How many Mafia bosses went/go to church on a Sunday morning?

Originally Posted by 1stLand

I just find it funny that Nenshi would choose to go after Cal Wenzel after that video surfaced and then make "Home Builder Subsidies" an issue in the election. It feels like a personal vendetta to me.

I don't think it is a personal vandetta but rather an issue about which Nenshi is passionate. It was an issue he wanted to address before the election and Cal Wenzel simply gave him some excellent ammunition.

Originally Posted by 1stLand

Politically, I think Nenshi alienated a lot of people who worked in the Home Building industry and understand how subsidies work and saw how badly Nenshi 'Dumbed down" the issue to make it seem like Tax Payers were subsidizing Millionaire Developers.

People are angry when a politician runs on a platform that includes closing a loophole that has benefited them greatly in the past, big surprise there.

[octothorp]

Question for the lawyers here: in some jurisdictions, there's different laws and requirements for slander vs. libel, particularly in terms of slander requiring the plaintiff to prove damages. In that case, wouldn't the CBC interview be subject to slander laws as opposed to libel laws, and thus require Wenzel to prove the damages? Is that the case in Alberta, or are the rules for slander and libel the same here?

[killer_carlson]

Originally Posted by troutman

Yup. In fact, Nenshi's counsel should be seeking a high amount of security for costs against the Plaintiff for filing a claim with little chance of success. Maybe half a million.

Security for costs is also, and largely, based upon the Plaintiff's ability to pay if unsuccessful.

Wenzel has assets in the jurisdiction and there is virtually no chance security for costs will be granted. i would go so far as to say it has even less chance than the defamation case being successful.

As to the point above, the court will not order an apology, however will consider whether an apology was made in assessing damages. The damages would be reduced substantially. This is why the overwhelming majority of defamation cases are dropped after the apology is made.

[OldDutch]

Let's be clear, This Wenzel is a weasel of very high magnitude. Sure he donates to charity, but as others have noted it does not make you a good person. More often than not there is a motive or objective to giving such large amounts, such as vanity projects, or helping the image of the company so they get more business, or curry favour with politicians.

Now to me Nenshi isn't completely innocent on this. Didn't he help set the tone last year when he demanded a published apology from another one of the weasel home builders over comments made? I know it isn't a lawsuit, but he has started the cyclical chain with these grease balls.

To be clear, he is doing the right thing. This city could not continue with the Ric McIver and Barbs cow towing to these people. However, I think the mayor could have thought through this a bit more tactfully when he started demanding published apologies over things he didn't like.