This was an Appeal from an Order where the Appellant challenged a Decision allowing the Respondent to amend his Originating Application. The Respondent cross-appealed the entry of Arbitration Awards as a Judgment. The Appellant argued that the amendments were out of time under section 46(1) of the Arbitration Act, RSA 2000, c A-43 and sought dismissal.

The Chambers Judge applied Rule 3.62 to allow amendments to the Pleadings. The Respondent’s amendments were made outside the 30-day limit set by section 46(1)(b) and (c) of the Arbitration Act. As a result, the Appellant’s Appeal was allowed, and the Decision arising from the Respondent’s Originating Application was set aside.

The Respondent’s Cross-Appeal, arguing that the arbitral Awards should not have been entered as a Judgment under Section 49(3)(b) of the Arbitration Act, was dismissed. The Court found no Appeal was pending, and Section 49(3) mandated enforcement of the Arbitration Awards. Costs were awarded to the Appellant.