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ARTICLE · 09 JUNE 2023

Appeal Rights Continue To Be Very Limited For Arbitration Awards

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In the recent decision of Pilgrim v True-Line Contracting Ltd, 2023 ABCA 126, the Court of Appeal of Alberta reinforced that it will apply a high threshold to cases which were...

CanadaLitigation, Mediation & Arbitration
Matti Lemmens
Matti Lemmens
Karlee Squires
Karlee Squires
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In the recent decision of Pilgrim v True-Line Contracting Ltd, 2023 ABCA 126, the Court of Appeal of Alberta reinforced that it will apply a high threshold to cases which were decided in arbitration and have already been appealed to the Court of King's Bench.

In 2020, the Court of Appeal stated it "will apply a higher threshold for permission to appeal a second time than it would for a first" and its decision in Pilgrim has demonstrated adherence to this principle.

Background

The parties became involved in a dispute over a construction project and the dispute was submitted to arbitration.

The arbitrator set the deadline for the parties to provide statements by Dec. 1, 2021. The parties were warned that "failure to engage in these discussions may have an impact on your ability to seek remedies" and that failing to meet deadlines would have consequences. The applicants sought an extension of the deadline, which was then set for March 1, 2022. Despite the

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