Cross-Appeals Under The Arbitration Act: Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402

In Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402, the Court of Appeal was asked to consider the issue of whether cross-appeals brought in arbitration proceedings commenced under the Arbitration Act, SBC 2020, c. 2 are subject to the same statutory deadlines as appeals of the arbitral award. The decision confirms that the 30‑day period prescribed by the Act applies uniformly, leaving no room for reliance on the timelines in the Court of Appeal Rules.

Section 59(1) of the Arbitration Act, confirms that there is no appeal from an arbitral award, other than as provided under section 59. Section 59(2) provides that a party to an arbitration may appeal to the Court of Appeal on any question of law arising out of the arbitral award (subject to an arbitration agreement foreclosing the rights of the parties to the arbitration from appealing the award) if (a) all parties to the arbitration consent; or (b) if a justice of the Court of Appeal grants leave to appeal.

Section 60(1) of the Arbitration Act requires that parties bring an application for leave to appeal of an arbitral award no more than 30 days after the date on which the applicant receives the arbitral award.

In Sinclair, the dispute arose after both parties sought to challenge an arbitral award. The appellants initially filed an application for leave to appeal the arbitral award on the 30th day following their receipt of the arbitral award. The respondents, filed a notice of cross-appeal outside of the 30‑day period set out in the Arbitration Act, but within the 15‑day period for cross-appeals set out in section 9 the B.C. Court of Appeal Rules and subsequently filed an application for leave to advance a cross-appeal. The appellants moved to quash the application, arguing that the Court lacked jurisdiction to entertain a cross-appeal brought outside of the 30-day statutory deadline set out in section 60(1) of the Arbitration Act.

At the hearing of the application the chambers judge dismissed the motion to quash the application for leave to file the cross-appeal, holding that the Court of Appeal Rules governed cross-appeals and that as the respondents' application for leave to file the cross-appeal was filed within the 15-day period set out in section 9 of the Court of Appeal Rules, the respondents were entitled to apply for leave to bring the cross-appeal. The appellants appealed the decision to the Court of Appeal.

The Court of Appeal allowed the appellants' application and ordered that the respondents' application for leave to appeal be quashed. In overturning the decision of the chambers judge, the Court of Appeal held that:

1. section 59 of the Arbitration Act is the sole source of jurisdiction for appeals from arbitral awards;
2. the Act makes no distinction between appeals and cross-appeals and, as such, both must be brought within the same 30-day period following receipt of the arbitral award by the parties;
3. once the 30-day period expires, the Court has no jurisdiction to extend it; and
4. the timelines in the Court of Appeal Rules do not override or supplement the statutory limitations in the Arbitration Act.

Key Takeaways

This decision underscores the strict nature of the statutory deadlines in the Arbitration Act. Counsel must regard the 30‑day period in section 60 of the Arbitration Act as absolute, whether filing an appeal or a cross-appeal. Missing the deadline means losing the opportunity to apply for a review of the award by the Court of Appeal. Arbitration participants need to ensure that their decision‑making processes are efficient enough to meet this timeline, and would be well-advised to seek legal advice promptly after receiving an arbitral award.

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