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Unhappy with the results of a beauty treatment at a Vernon spa, Lumby resident Amber Burke messaged the business and demanded a refund.
However, when the spa owner wasn’t satisfied that the 31-year-old had a legitimate complaint and refused a refund, the issue spiralled.
Burke sent lengthy messages to the business owner, and as many people do, took to social media to complain.
But what had begun as a dispute over an aesthetic treatment landed Burke in front of a judge facing charges of extortion and criminal harassment.
On Nov. 26 at the Vernon courthouse, Burke pleaded guilty to a single charge of criminal harassment.
Crown prosecutor Gabriel White said Burke’s communications had crossed the line.
“These communications were done for the purpose to annoy and harass,” the Crown said.
The court heard how Burke had visited Studio Ki in November 2024 and had a treatment done. What the treatment was wasn’t disclosed in court, but the business specializes in permanent makeup.
Burke alleged the treatment had left her with chemical burns and sent the spa photos. The business owner, Kyla Kingsep, said the photos didn’t show any burns, and none of their products would do that. She refused a refund.
Over the next three or four days, Burke sent lengthy messages demanding a refund.
What the messages said wasn’t read out in court, only that they were aggressive and used “colourful language.”
Messages were sent on both the business and private social media accounts. Feeling she was being bullied and wanted to be left alone, Kingsep agreed to a refund.
However, for reasons not given, the business owner then changed her mind.
About a week after the treatment, when the Kingsep was closing up shop, Burke showed up and began shouting at her.
The RCMP were called and there was an allegation of assault, but no charges were laid. Police told Burke not to contact the business again.
However, that night she made another nine phone calls to Kingsep.
She was later charged with criminal harassment and extortion.
“I think there is more to the story from a different point of view,” defence lawyer Michelle Reinhardt told the court.
The defence lawyer said Burke was unhappy with the service and was promised a refund. She was never told the refund had been redacted.
“That led to an increased amount of frustration,” the lawyer said.
Reinhardt said that Burke acknowledged she stepped over a line.
The court heard that Burke, who is married with a toddler, had been diagnosed with borderline personality disorder, which amplified her emotions.
Since the charges, she has received lots of counselling and gained insight into her behaviour.
In a joint submission, lawyers asked for a conditional discharge, meaning that, provided Burke completes 12 months of probation, she won’t have a criminal record.
Judge Michelle Daneliuk said she was impressed with all the efforts Burke had made since being charged.
“It’s really too bad it wasn’t dealt with in a different venue,” the judge said.
The judge accepted the joint submission and put Burke on 12 months probation.
She was also ordered to remove the social media posts, but the court heard she had already, after the Kingsep hired a lawyer who called Burke and told her to remove the posts.
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