British Columbia Court of Appeal Clarifies Deadline to Cross-Appeal Arbitral Awards: Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402

Why this Decision Matters

In Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402, the British Columbia Court of Appeal confirmed that the 30-day appeal period under the Arbitration Act applies to both appeals and cross-appeals of arbitral awards. The Court held it lacks jurisdiction to hear a cross-appeal filed outside that period—even if filed within the 15-day window under the Court of Appeal Rules.

For practitioners, Sinclair confirms a strict, jurisdictional deadline: any party seeking to appeal any aspect of an arbitral award—whether as appellant or respondent—must file an application for leave to appeal within 30 days of receiving the award.

The Dispute

Under sections 59 and 60 of the Arbitration Act, appeals are limited to questions of law, require leave unless both parties consent, and must be filed within 30 days. In Sinclair, the appellants filed both their notice of appeal and leave application on the 30th day, meeting these requirements. The respondents, however, filed a notice of cross-appeal within the 15-day period under the Rules, but outside the 30-day statutory period—raising the question of whether that timeline applies to cross-appeals.

Jurisdiction Comes Exclusively From the Arbitration Act

The Court of Appeal held that, as a statutory court, its authority to hear an appeal from an arbitral award must be grounded in a statute, not from the Court’s inherent powers or procedural rules (paras. 44-46).

Section 59(1) of the Arbitration Act clearly limits the availability of appeals:

There is no appeal to a court from an arbitral award other than as provided under this section

The Court of Appeal concluded that this provision applies to any form of appeal—originating appeals and cross-appeals. Otherwise, a cross-appeal would be an “untethered procedure” with no statutory jurisdictional basis and ungoverned by clear limits imposed on appeals from arbitral awards (paras. 47-50).

In the Court’s view, a cross-appeal is simply an appeal filed by a respondent, raising different issues. It must therefore be treated as an “appeal” for the purposes of s. 59 (paras. 47-48).

The Legislature Intended “Appeal” to Include “Cross-Appeal”

Applying the modern approach to statutory interpretation, the Court found that excluding cross-appeals from the ambit of section 59 would create untenable contradictions:

• If “appeal” excludes cross-appeals, then the statutory constraints under sections 59 and 60 of the Arbitration Act —the question-of-law requirement, the need for leave, and the 30-day deadline—would not apply to cross-appeals (para. 42).
• This would create a class of appeals exempt from statutory limits, inconsistent with the Arbitration Act’s streamlined nature and would mean the word “appeal” has different meanings depending on which subsection it appears in (para. 43).

Practical Concerns Cannot Override Statutory Limits

The chambers judge emphasized practical considerations, such as avoiding premature protective appeals or strategic timing by appellants filing on the 30th day. Justice Grauer acknowledged these concerns but concluded that practicality cannot override clear legislative limits. He noted that any flexibility must come from the legislature, suggesting an amendment to the Arbitration Act to establish a distinct deadline for cross-appeals (para. 51).

Cross-Appeal Deadlines in Other Jurisdictions

Ontario and Alberta impose similar statutory restrictions on appeals from arbitral awards under their respective Arbitration Acts. However, no appellate court in either province has yet clarified whether those timelines apply to cross-appeals. Given the parallel legislative structure, British Columbia’s interpretation may be persuasive—but the question remains unresolved elsewhere.

Takeaways for Practitioners

• The 30-day limit is absolute and jurisdictional. If a party wants to pursue any form of appeal, it must file its own leave application within 30 days—regardless of whether the other party appeals first.
• The 15-day cross-appeal period in the Rules does not apply to the appeal of arbitral awards.
• There is no ability to extend the statutory deadline, even in equitable circumstances.
• It is unresolved whether the 30-day deadline applies to both the Notice of Appeal and the Leave Application; the safest approach is to file both within 30 days.