LEYNE v SAINT-CYR

The parties were involved in matrimonial litigation and agreed to arbitrate their differences. The Arbitrator issued an Award on June 28, 2025, but did not deliver it to the parties until July 22, 2025. Both parties were unsatisfied with the Award. The arbitration agreement provided that either party could appeal the Award on the grounds of an error of law or a mixed question of law and fact.

Section 46(1) of the Arbitration Act, RSA 2000, c A-43 requires that an appeal must be “commenced” within 30 days of receipt of the award. The parties agreed that the deadline for filing an appeal of the Award was August 21, 2025. The Respondent filed her appeal on August 20, 2025, while the Applicant attempted to file a cross-appeal on August 21, 2025, but encountered issues with the Court's electronic filing system. The Applicant argued that his cross-appeal was submitted within the limitation period, but was processed late due to administrative delays, and therefore sought a nunc pro tunc order to recognize the filing date as August 21, 2025. The Applicant relied on Rule 1.5, which can be used by the Court to cure irregularities in filing.

The Court found that the Applicant did everything necessary and within his power to file his appeal within the limitation period, distinguishing the case at bar from others. The Applicant was caught up in the “administrative machinery” of the Court. There was no suggestion in this case that there was any dereliction of duty on the part of the Court Clerks. Here, the difficulty was in the disconnect between submitting a document for filing and its subsequent processing by the Court; a document is considered to have been filed only when this latter step has been completed.

The Court rejected the argument that litigants should file documents earlier to account for processing delays, noting that such delays are unpredictable and outside litigants’ control. Further, requiring early filing would effectively shorten statutory limitation periods, contrary to legislative intent.