B.C. Court of Appeal Confirms 30-Day Timeline for Appeals and Cross-Appeals of Arbitral Awards

In a recent decision, the British Columbia Court of Appeal provided important clarification regarding the deadlines for filing appeals of arbitral awards under the Arbitration Act, SBC 2020, c 2. The Court determined that the timeline in the Court of Appeal Rules, BC Reg 120/2022, which allows cross-appeals within 15 days of the filing of the initial appeal, does not apply to an appeal under the Arbitration Act. Both appeals and cross-appeals of arbitral awards must be filed within 30 days of the issuance of an arbitral award.

Facts and Decision

Sinclair v. T.D.M.C. Holdings Ltd. (Sinclair) concerned an arbitral award delivered on May 28, 2025. The appellants filed a notice of appeal and application for leave to appeal the award just before the 30-day limit for doing so under section 60 of the Arbitration Act expired on June 27, 2025.

The respondents did not bring an appeal within 30 days but did file a notice of cross-appeal on July 14, 2025, within the 15-day time limit to do so under Rule 9 of the Court of Appeal Rules. They then filed their application for leave to appeal on August 13, 2025.

The appellants applied to quash the respondents’ leave application, arguing that the Court did not have jurisdiction to hear an appeal brought outside the 30-day limit. In response, the respondents argued that because the Arbitration Act is silent on “cross-appeals,” these should be subject to the 15-day timeline in the Court of Appeal Rules. The Court of Appeal chambers judge found in favour of the respondents and dismissed the appellants’ application to quash. The appellants then applied to a division of the Court to vary the order made in chambers.

The Court disagreed with the decision of the chambers judge and quashed the application for leave to cross-appeal. The Court confirmed that the sole source of its jurisdiction to hear an application for leave to appeal an arbitral award is section 59 of the Arbitration Act. Any appeal advanced under this section is subject to the 30-day timeline in section 60.

The Court determined that the only tenable interpretation of the word “appeal” in sections 59 and 60 of the Arbitration Act would not distinguish between appeals and cross-appeals. Therefore, the Court found that it has no jurisdiction to extend the 30-day timeline in the Arbitration Act.

In making its decision, the Court acknowledged that removing the extended time limit for filing a cross-appeal could create a perverse incentive for parties to appeal merely to preserve their rights, even if they would not otherwise do so. Nevertheless, the Court concluded that those considerations could not override the language of the Arbitration Act and could only be addressed through legislative amendment.

Key Takeaways

The decision in Sinclair confirms that the 30-day timeline in the Arbitration Act for appeals from arbitral awards also governs the timeline for cross-appeals, regardless of the Court of Appeal Rules. The Court lacks jurisdiction to extend the timeline, even for cross-appeals. Parties receiving an arbitral award must be aware that they may need to bring an appeal within 30 days to preserve their rights in the event the other side wishes to appeal.

Procedurally, the Court declined to decide whether it is sufficient to simply file a notice of appeal (leave required) within 30 days of receiving an arbitral award, or whether the application for leave must also be filed. Until this procedural point is clarified by the Court, parties may best protect their interests by filing their application for leave prior to the expiry of the 30-day timeline.

Parties to domestic arbitrations in other Canadian provinces should also carefully consider their timelines for appeals in view of the Sinclair decision.

For example, section 46(1) of the Alberta Arbitration Act, RSA 2000, c A-43 and section 47(1) of the Ontario Arbitration Act, 1991, SO 1991, c 17 each impose a 30-day deadline to commence an “appeal” from an arbitral award. Like the British Columbia Arbitration Act, neither the Alberta nor Ontario legislation expressly references “cross-appeals.” Given the Court’s broad interpretation of the word “appeal” in Sinclair, parties in Alberta and Ontario should also consider filing an appeal within the 30-day period to preserve their right of appeal or cross-appeal.

For more information, please contact the authors or any other member of our Arbitration or Litigation & Dispute Resolution groups.