Alberta Court of Appeal dismisses family law arbitration appeal over missed filing deadline

The Alberta Court of Appeal has dismissed an appeal involving the arbitration of post-divorce issues, finding that one party's attempt to challenge the arbitrator’s decision was filed too late under the Arbitration Act.

The dispute arose after a couple, who had previously agreed to arbitrate matters such as child and spousal support, parenting arrangements, and a Canada Revenue Agency (CRA) debt, disagreed with the arbitration outcome.

The arbitration took place in September 2023, with the arbitrator issuing a merits award in October 2023, followed by a costs award later that month. In November 2023, one party filed an originating application to appeal the merits award, claiming that permission to appeal was not required based on the arbitration agreement. However, just over two weeks later, an amended application was filed that included a request for permission to appeal and an attempt to set aside part of the award, asserting that the CRA debt was not an appropriate subject for arbitration under Alberta law.

The other party argued that the initial appeal and the amended application were filed outside the strict 30-day time limit imposed by the Arbitration Act. Specifically, the act requires applications for permission to appeal and any attempt to set aside an award to be filed within 30 days of receiving the arbitrator’s decision. A cross-application was filed to strike the amended appeal as out of time and to enter the arbitration awards as a court judgment.

The chambers judge initially allowed the amendments, and the arbitration awards were entered as a judgment. However, the Alberta Court of Appeal overturned this decision. The court found that the amendments to the appeal application were made after the 30-day deadline, rendering them out of time. The court emphasized that the Arbitration Act strictly enforces these time limits and does not grant the court discretion to extend them. As the appeal application was late, the court ruled it had no jurisdiction to hear the appeal.

The court also dismissed the cross-appeal, in which the party challenging the awards argued that the arbitration decisions should not have been entered as a court judgment while the appeal was pending. The court held that no valid appeal was pending because permission to appeal had not been granted in time.

Ultimately, the Alberta Court of Appeal dismissed the appeal and emphasized the importance of adhering to statutory deadlines in arbitration cases.