Desert Properties Inc. v. G&T Martini Holdings Ltd.
Desert Properties Inc.
Law Firm / Organization
McCarthy Tétrault LLP
G&T Martini Holdings Ltd.
  • Case Summary: Desert Properties Inc. v. G&T Martini Holdings Ltd. revolves around the interpretation of the 30-day limit to seek leave to appeal an arbitration award under the Arbitration Act, focusing on whether this period resets following the issuance of a corrected award.
  • Key Points:
    • The dispute originated from a commercial arbitration concerning a Final Servicing Agreement related to property development.
    • Desert Properties appealed part of the arbitration award, filing within the initial 30-day period. G&T Martini filed a notice of appeal later, which was advised to be filed as a cross-appeal for administrative efficiency.
    • The core legal question was whether the corrected award issued by the arbitrator extended the time limit for filing appeals.
    • The court held that the 30-day period to seek leave to appeal began from the issuance of the corrected award, making G&T Martini's cross-appeal timely.
    • This interpretation aligns with the principle of allowing appeals based on the "award as it is," including any corrections or interpretations, to ensure clarity and reduce litigation on procedural grounds.
  • No financial terms specified. 
Court of Appeals for British Columbia
CA49527
Corporate & commercial law
Appellant