Lyons v. Canadian Imperial Bank of Commerce

Lyons v. Canadian Imperial Bank of Commerce

The appeal succeeds because the trial judge committed material legal error by granting summary judgment despite the appellant's affidavit contradicting an essential element of the respondent's case and by applying the incorrect balance of probabilities standard on a R.9-6 application; the judgment is set aside and...

Source-derived case information.

Citation
2025 BCCA 22
Parties
Appellant (defendant): Sharalynn Lyons; Respondent (plaintiff): Canadian Imperial Bank of Commerce
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
17 January 2025
Procedural Posture
Summary Judgment Appeal / Court of Appeal Judgment on Appeal From Supreme Court Summary Judgment
Outcome
Appeal allowed; summary judgment set aside; matter remitted to the Supreme Court of British Columbia for determination
Legal Topics
Summary Judgment, Assignment of Contractual Rights, Standard of Proof, Procedural Fairness, Credit Card Debt
Source Language
english
Civil Procedure Contract Law Debt Recovery Summary Judgment Assignment of Contractual Rights Standard of Proof Procedural Fairness Credit Card Debt

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Parties

Sharalynn Lyons

Appellant (defendant)

Canadian Imperial Bank of Commerce

Respondent (plaintiff)

Procedural Posture

Summary Judgment Appeal / Court of Appeal Judgment on Appeal From Supreme Court Summary Judgment

Legal Issues

  1. 1 Whether summary judgment under Rule 9-6 was appropriate
  2. 2 Whether the respondent proved assignment of the account to CIBC
  3. 3 Whether the trial judge impermissibly weighed contradictory evidence

Ratio Decidendi

The appeal succeeds because the trial judge committed material legal error by granting summary judgment despite the appellant's affidavit contradicting an essential element of the respondent's case and by applying the incorrect balance of probabilities standard on a R.9-6 application; the judgment is set aside and the matter remitted to the Supreme Court for determination.

Court Disposition

Appeal allowed; summary judgment set aside; matter remitted to the Supreme Court of British Columbia for determination

Orders

  • Appeal allowed
  • Summary judgment set aside