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PROCEEDINGS - Mediation and arbitration

Tuesday, November 03, 2020 @ 6:30 AM  

Lexis Advance® Quicklaw®
Appeal by Metro Edge Holdings from an order granting Macdonald Realty leave to enforce an arbitration award. The parties were realtors who disputed payment of a real estate commission. The BC Real Estate Association mandated arbitration of commission disputes between members. In 2018, an arbitrator ordered Metro Edge to pay Macdonald $19,600. At the hearing, no objection was made to the arbitration process or jurisdiction of the arbitration panel to decide the commission dispute. Metro Edge did not seek to appeal or set aside the arbitral award. Due to non-payment, Macdonald brought a petition for leave to enforce the award as though a judgment with the court. In 2019, the relief sought by Macdonald was granted. Metro Edge appealed.

HELD: Appeal dismissed. As the chambers judge correctly noted, an application under s. 29 of the former Arbitration Act to enforce an arbitration award was not a new hearing of the merits of the arbitrated dispute. It was clear from Metro Edge’s appeal that its position was that it ought not to have lost the arbitration on the facts of the dispute. No errors of law were alleged with respect to the chambers judge’s determination. No basis for interference with the decision enforcing the arbitration award was advanced. Other proceedings against the individual realtors involved were not relevant to the issue under appeal. The fact that the arbitration referred to Macdonald as “Macdonald Realty” instead of “Macdonald Realty Ltd.” was of no consequence, as there was no ambiguity as to the party who initiated and won the arbitration.

Macdonald Realty Ltd. v. Metro Edge Holdings Ltd., [2020] B.C.J. No. 1548, British Columbia Court of Appeal, L.A. Fenlon, S.A. Griffin and G.B. Butler JJ.A., September 28, 2020. Digest No. TLD-November22020003