Appellant
Respondent
Background:
Math4Me Learning Inc. (founded by Ivneet Bains) and 1099615 B.C. Ltd. entered into franchise/license agreements to operate tutoring centers. Disputes arose, leading the respondents to initiate arbitration. The arbitrator ultimately ruled in favor of 1099615 B.C. Ltd., but the decision was delayed until December 2023 due to the appellants' delayed fee payment. The appellants argued that this influenced the arbitrator’s ruling, suggesting potential bias or fraud, though no evidence was provided.
Legal Arguments:
The appellants sought to appeal, citing fairness issues and alleged fraud. They filed the appeal after the 30-day limit under the Arbitration Act and requested an extension. The respondents moved to dismiss, asserting that the court lacked jurisdiction to extend the statutory deadline and that the appeal should be considered abandoned.
Court Decision:
The Court of Appeal dismissed the appellants’ request to extend the appeal deadline, stating it lacked jurisdiction under the Act to allow a late appeal. The court clarified that fraud-related exceptions apply only in the Supreme Court, not on appeal.
Costs Award:
The court awarded $1,000 in costs to the respondents, clarifying this sum as costs related to the dismissal application, rather than the arbitration award itself. The court also dispensed with Mr. Bains’ signature on a prior order.
Court
Court of Appeals for British ColumbiaCase Number
CA49976Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date
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