The Alberta Medical Association (“AMA”) and the Government of Alberta (as represented by the Minister of Health and Wellness and Alberta’s Regional Health Authorities) (“Alberta”) entered into a health care services agreement which expired on March 31, 2011. After two successive interim agreements expired, the AMA filed an Application for the appointment of an Arbitrator, seeking Arbitration with respect to all issues relating to the agreement, including the negotiation of a new agreement. Alberta filed an Application for a Declaration that the Parties could not arbitrate the terms of a new agreement. The AMA Application was dismissed, and the Declaration sought by Alberta was granted. The AMA applied for leave to Appeal and for a Declaration that the Application for leave was brought within time, or alternatively, for an extension of time to bring the Application.

Justice Bielby held that leave to Appeal was addressed by sections 47 and 48 of the Arbitration Act. However, the Appeal period was not set by the Arbitration Act. Rather, Rule 506(1) sets a 20 day Appeal period from the date the Order is filed and served, and provides that the Court has discretion to extend the Appeal period. Justice Bielby held that although it would have been prudent for the AMA to have filed its Notice of Motion seeking leave earlier, Alberta, in effect, had notice of the leave Application. Negotiations between the Parties continued throughout the Appeal period, and the Application for leave was brought shortly after the negotiations broke down. As such, Justice Bielby granted the extension of time to apply for leave, and considered the Application for leave under the Arbitration Act. However, Justice Bielby refused to grant leave on the basis that the AMA failed to establish that the Appeal was reasonably arguable.