CIVIL PROCEDURE - Grounds for review - Misapprehension of or failure to consider evidence - Substituting own judgment

Law360 Canada ( October 21, 2024, 3:05 PM EDT) -- Appeal by Jack Wang Law Corporation ("Wang") from a Supreme Court order dismissing an appeal from an associate justice's decision to reduce its legal fees. Gao retained Wang after Gao’s daughter was expelled from a private school in Victoria. Wang's tasks included attempting to change the school records to show a voluntary withdrawal, seeking a refund of pre-paid tuition, and considering a potential claim for damages to the daughter’s reputation. Wang sent a demand letter to the school and drafted a notice of civil claim. However, disagreements arose between the parties regarding pursuing claims for defamation or mental anguish and whether to proceed in the Provincial or Supreme Court. Wang terminated the retainer, citing a breakdown in confidence due to Gao's refusal to follow advice. Wang sent Gao his final statement for $9,916 in fees and disbursements. Gao filed for a review of the statement of account under the Legal Profession Act. The associate judge reduced the legal fees by $3,404, finding them excessive given the modest complexity, the amount involved, and the legal services performed. The associate judge also awarded Gao costs. Wang appealed to the Supreme Court, arguing that the associate judge misapprehended evidence on the complexity and amount involved, and wrongly exercised discretion on costs despite Wang's settlement offer being close to the amount awarded. The Supreme Court dismissed Wang's appeal, finding no error in the associate judge's decision. The associate judge considered all relevant circumstances, the evidence reasonably supported his findings on complexity and amount involved, and there was no error in declining to find special circumstances to depart from the costs award despite Wang's offer. Wang appealed to the Court of Appeal rearguing the same grounds made on the errors allegedly committed by the associate judge....
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