Appellant
Respondent
Background: Sharon Gail Jones claimed that Simone Berg Boone and her son Vincin Boone defaulted on repaying a $200,000 loan. The defendants argued the money was a gift from Vincin Boone's father. Sharon Jones sought repayment through a summary trial.
Procedural Issues: Simone Berg Boone appealed an order granting judgment to Sharon Gail Jones, citing procedural unfairness due to conflicting emails from the court registry about the trial's timing. Initially informed the hearing was at 2:00 p.m., she later received messages indicating a 10:00 a.m. start, causing her to miss most of the proceedings. She attempted to join remotely but failed due to technical issues and was only admitted after the judgment was nearly concluded.
Legal Arguments: Simone Berg Boone argued a breach of the audi alteram partem principle, asserting she was not properly heard. Sharon Gail Jones contended that the appellant failed to exercise due diligence in confirming the hearing time and that her absence would not have altered the outcome, given she had filed no response materials.
Court's Decision: The Court of Appeal allowed the appeal, finding a breach of procedural fairness that resulted in a failure of justice. The case was remitted to the Supreme Court for rehearing.
Costs: Each party was ordered to bear their own costs. There was no mention of a specific award amount in favor of the successful party in this document.
Court
Court of Appeals for British ColumbiaCase Number
CA48536Practice Area
Civil litigationAmount
Winner
AppellantTrial Start Date
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