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.