No Time Extensions for Arbitration Appeals: BC Court of Appeal Affirms Limits on Authority

In Math4Me Learning Inc. v 1099615 B.C., 2024 BCCA 369, the BC Court of Appeal recently made a decision regarding an appeal of an arbitration award. Math4Me Learning, a tutoring company founded by Mr. Ivneet Bains, was involved in a dispute with three respondents. These respondents had licensing or franchise agreements with Math4Me that included an arbitration clause.

After the Arbitrator ruled in favor of the respondents in December 2023, Math4Me alleged that the decision was changed due to delayed payment of arbitration fees. Math4Me expressed their intention to appeal the decision under the Arbitration Act, but did not file the appeal until June 28, 2024, which was beyond the 30-day time limit set by the Act.

The BC Court of Appeal was asked to consider an extension of time for the appeal but ultimately ruled that they did not have the jurisdiction to grant such an extension. The Court found that once the 30-day appeal period had passed, they could not extend the deadline as it was outlined in the Arbitration Act.

This case serves as a reminder that time limits for appeals, especially those set out in statutes like the Arbitration Act, are strict and must be adhered to. In this instance, the Court of Appeal reaffirmed its position that it cannot extend the time for filing an appeal beyond what is specified in the legislation. It is important for parties involved in arbitration to be aware of these time limits and adhere to them to avoid any jurisdictional issues in the future.