Background:
The Canadian Imperial Bank of Commerce (CIBC) obtained summary judgment against Sharalynn Lyons for $11,248.80 in unpaid credit card debt. The debt originated from a CIBC Costco Mastercard, which CIBC acquired from Capital One in March 2022. Lyons disputed the debt, claiming she had never signed, accessed, or activated a CIBC-issued card.

Legal Issues:
Lyons appealed, arguing that the judge:

1. Wrongly granted summary judgment by failing to consider her evidence contradicting CIBC’s claims.

2. Applied an incorrect standard of proof, using the “balance of probabilities” instead of the higher threshold required for summary judgment.

3. Committed procedural unfairness, as she was not allowed to cross-examine CIBC’s witness.

Court’s Decision:
The British Columbia Court of Appeal ruled in favor of Lyons, finding two material errors in the trial judge’s reasoning:

1. The judge improperly disregarded Lyons’ denial of receiving or activating the card, which contradicted CIBC’s case.

2. The judge applied the wrong legal standard, requiring incontrovertible proof rather than a mere balance of probabilities.

Outcome:
The court allowed Lyons' appeal, set aside the summary judgment, and remitted the case to the Supreme Court of British Columbia for further determination. No cost award was specified in the judgment.