Background: Robert Tyler Bollhorn contracted Lakehouse Custom Homes Ltd. to build a custom home. Disputes arose over numerous change orders and a 6% markup applied by Lakehouse, causing delays. In February 2022, Lakehouse declared the contract terminated, prompting Bollhorn to initiate a civil claim in the Supreme Court of British Columbia for specific performance. The court granted this, including the 6% markup. Near the closing date, Bollhorn noted deficiencies during a walk-through and invoked arbitration. The arbitrator ruled the deficiencies were res judicata, having been addressed by the court. Bollhorn sought to appeal this decision.

Legal Issues: The case centered on whether Bollhorn was entitled to specific performance of the contract, including a 6% markup, and whether the deficiencies were subject to arbitration. Bollhorn contested the arbitrator's ruling of res judicata, seeking to appeal on a question of law. The appeal was dismissed due to expedited arbitration rules barring such appeals without mutual consent.

Held: The court dismissed Bollhorn's application for leave to appeal, ruling that the arbitrator's decision on res judicata was final and binding under the Arbitration Act and the expedited arbitration rules. These rules barred appeals on questions of law without mutual consent, which Lakehouse did not provide.

Costs/Damages Awarded: The document did not specify the total amount of costs or damages awarded to Lakehouse Custom Homes Ltd. The focus was on the legal ruling regarding the appeal and arbitration decision enforcement rather than on specific monetary awards.