No Time Extensions for Arbitration Appeals: BC Court of Appeal Limits Authority
In a recent case, Math4Me Learning Inc. v 1099615 B.C., 2024 BCCA 369, the BC Court of Appeal declined to provide an extension of time and permission to appeal an arbitration award under section 59 of the Arbitration Act, SBC 2020, c 2 due to jurisdictional constraints.
Math4Me Learning, a tutoring company established by Mr. Ivneet Bains, had three licensing or franchise agreements with a numbered company, Nainee Grewal, and Harsh Grewal, each containing an arbitration clause. Following a dispute, an arbitrator ruled in favor of the respondents in December 2023, although Math4Me claimed bias due to delayed payment of arbitration fees.
Despite intending to appeal the decision under section 59, Math4Me only filed for leave to appeal on June 28, 2024, seeking an extension. The Court of Appeal, however, determined that it lacked the authority under the Arbitration Act to grant such an extension beyond the 30-day limit stipulated in section 60(1), ultimately dismissing the application.
The Court emphasized that the Arbitration Act does not empower the Court of Appeal to extend time limits for filing appeals, emphasizing that statutory appeal periods cannot be extended once expired. Therefore, in cases such as this, the Court cannot exercise inherent jurisdiction to prolong appeal deadlines.
In essence, the BC Court of Appeal’s ruling in this case underscores the importance of adhering to statutory time limits for filing appeals and seeking leave to appeal arbitration awards to avoid jurisdictional barriers and ensure procedural compliance.
