We were recently successful in quashing an appeal in relation to a commercial arbitration award. The decision of the British Columbia Court of Appeal in Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402 (“Sinclair“) stands as an important precedent for any party seeking to appeal an arbitration award in British Columbia.

In British Columbia appeals from arbitration awards are governed by the Arbitration Act, SBC 2020 c. 2 (“Arbitration Act“), which provides that a party seeking to appeal an arbitration award must bring an application for leave to appeal within 30 days of the issuance of the award. In Sinclair, the appellants brought their application for leave to appeal within that 30 day period. However, the respondents, who also wished to seek leave to appeal, did not bring their application for leave to appeal within that 30 day period. Instead, the respondents filed a notice of cross-appeal within the lengthier period provided by the Court of Appeal Rules, BC Reg 120/2022 (the “Court of Appeal Rules“) and subsequently brought an application for leave to appeal after the expiry of the 30 day period under the Arbitration Act.

The appellants responded with an application for an order quashing the respondents’ cross-appeal on the basis that the Court of Appeal had no jurisdiction to hear it. The respondents resisted the application on the basis that the 30 day period under the Arbitration Act did not apply because the respondents were seeking to bring a cross-appeal governed by different timelines in the Court of Appeal Rules.

The application was heard by a single judge in Court of Appeal chambers. The chambers judge dismissed the application, holding that the 30 day timeline in the Arbitration Act did not trump the lengthier timeline for cross-appeals in the Court of Appeal Rules. As a result, the chambers judge concluded that the respondents’ notice of cross-appeal was brought in time and the respondents were entitled to seek leave to appeal.

The appellants then brought an application seeking to vary the order of the chambers judge. That variance application was heard by a three judge division of the Court of Appeal. The three judge division unanimously held that the chambers judge erred and reversed his decision. In particular, the Court of Appeal reasoned (based on a detailed statutory analysis of the governing legislation) that the 30 day timeline in the Arbitration Act governs and that any party seeking to appeal from an arbitral award must bring an application for leave to appeal within 30 days.

The implication of the Court of Appeal’s decision in Sinclair is that any party to an arbitration that may wish to appeal an arbitral award must ensure strict compliance with the 30 day deadline under the Arbitration Act, failing which they will forever lose their right to seek leave to appeal. Further, given that the 30 day timeline is relatively short, parties that may wish to appeal an arbitral award must act quickly in assessing whether to seek leave to appeal. In addition, if a party’s decision to seek leave to appeal may be dependent on whether the opposing party seeks leave to appeal, the prudent course of action is to take the necessary steps to preserve the right to seek leave to appeal within the 30 day period and then reassess whether to proceed with the appeal process after the expiry of the 30 day period.

We routinely assist clients with appeals in the British Columbia Court of Appeal, including appeals from arbitral awards. Contact us to discuss your case.