JAVAID v JAVAID, 2026 ABCA 240

The Applicant and Respondent had previously agreed to arbitrate certain issues arising from their separation. On February 5, 2026, the Arbitrator issued an Award on the merits and invited written submissions on costs by February 20, 2026. The Applicant requested extensions of time to provide costs submissions, but the Arbitrator denied those requests. The Arbitrator subsequently issued a Costs Award on March 5, 2026, without receiving submissions from the Applicant.

The Applicant applied for permission to appeal the Arbitration Award, to set aside the Award, and to continue a previously granted Stay of Enforcement. The Chambers Judge dismissed the Application insofar as it related to the Costs Award, finding that the Applicant had failed to commence the Application within the time required by Section 46(1) of the Arbitration Act.

The Applicant then sought permission to appeal pursuant to Section 48 of the Arbitration Act. The Court granted permission to appeal on two issues: whether the Chambers Judge erred by failing to consider authorities permitting a proceeding to be treated as commenced when documents were submitted for filing within the limitation period but filed later because of an administrative issue, and whether the Applicant was denied procedural fairness by not having the opportunity to meaningfully respond to counsel’s limitations arguments.  

Pending the Appeal, the Applicant sought a Stay of Enforcement of the Costs Award. The Respondent applied to strike the Application, arguing that the issue was res judicata because the Court of King's Bench had denied similar stay Applications on two prior occasions. The Court rejected that argument, noting that Rule 14.48(b) of the Rules expressly permits a party to seek a stay in the Court of Appeal regardless of whether the Judge whose Order is under appeal previously denied a stay application.

The Court concluded that the Appeal raised a serious issue and that it was just and equitable to grant a stay pending determination of the Appeal.