Wang v Millman
Xiaoli Lily Wang
Law Firm / Organization
Self Represented
Daiming Robert Li
Law Firm / Organization
Unrepresented
Alexander S. Millman

Case Overview:
The appellants, Wang and Li, sued their former lawyer, Millman, alleging misconduct in procedural filings.

Key Legal Issues:

  • Contempt Allegations: The appellants argued that Millman’s filing of a summary dismissal application under Rule 7.3 of the Alberta Rules of Court was contemptuous. They claimed it duplicated an earlier dismissal application under Rule 4.33 for long delay.

  • Court’s Decision: The Court determined that the summary dismissal was neither duplicative nor a collateral attack on the previous dismissal order. The chambers justice found no evidence of contempt, as the applications addressed distinct legal issues.

Costs Awarded:
The chambers justice ordered the appellants to pay $675 in costs, as per Column 1 of Schedule C of the Alberta Rules of Court, for their unsuccessful contempt claim. This amount was deemed appropriate, given the baselessness of the allegations. On appeal, the Court upheld this costs award and dismissed the appeal, entitling Millman to additional appeal costs under Rule 14.88, calculated according to Column 1.

Outcome:
The appeal was dismissed, affirming the chambers justice’s decision. No procedural or substantive errors were found in the rulings. The appellants were liable for both trial and appeal costs, emphasizing the meritless nature of their claims.

Court of Appeal of Alberta
2401-0169AC
Civil litigation
$ 675
Respondent