A judge has quashed an application by the Calgary businessman suing Mayor Naheed Nenshi to prevent a jury trial for the defamation lawsuit.

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

Wenzel is seeking $6 million in punitive and exemplary damages for two incidents, including remarks Nenshi made on CBC Radio in 2013 during the municipal election campaign.

The three-week trial is set for February 2016, but there is still another chance it could be avoided.

Justice David Gates offered to mediate talks between the two parties ahead of the trial to see if they can work out an agreement, and both 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.

$6M figure dropped

Wenzel's lawyer Ariel 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 dropped — instead leaving it to the judge or jury to decide what, if anything, is warranted.

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

Gates has ordered Breitman to submit his final proposed changes by Dec. 2 with Mohamed's response sent in a few days later.

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