On Call Internet Services Ltd. v. Telus Communications Co., 2013 BCCA 366
Judge | Kirkpatrick, Chiasson and Neilson, JJ.A. |
Court | Court of Appeal (British Columbia) |
Case Date | August 14, 2013 |
Jurisdiction | British Columbia |
Citations | 2013 BCCA 366;(2013), 343 B.C.A.C. 140 (CA) |
On Call Internet v. Telus Com. Co. (2013), 343 B.C.A.C. 140 (CA);
586 W.A.C. 140
MLB headnote and full text
Temp. Cite: [2013] B.C.A.C. TBEd. AU.018
On Call Internet Services Ltd. (appellant/petitioner) v. Telus Communications Company (respondent/respondent)
(CA038120; 2013 BCCA 366)
Indexed As: On Call Internet Services Ltd. v. Telus Communications Co.
British Columbia Court of Appeal
Kirkpatrick, Chiasson and Neilson, JJ.A.
August 14, 2013.
Summary:
On Call Internet Services Ltd. and Telus Communications Co. were engaged in a long-running dispute over billing. They agreed to arbitration. The arbitrator made a final award. On Call petitioned under s. 30 the Commercial Arbitration Act to set aside the award, or, in the alternative, sought leave to appeal the final award under s. 31 of the Act. Telus petitioned to enforce the final award under s. 29 of the Act.
The British Columbia Supreme Court, in a decision reported at [2010] B.C.T.C. Uned. 1031, dismissed On Call's petition under s. 30 and denied leave to appeal the final award. The court allowed Telus' petition to enforce the award under s. 29. On Call appealed and applied to adduce new evidence on the appeal.
The British Columbia Court of Appeal dismissed the application to adduce new evidence and dismissed the appeal.
Arbitration - Topic 8301.1
Judicial review (incl. appeals) - Grounds - General - Questions of law - See paragraphs 28 to 36 and 71 to 90.
Arbitration - Topic 8701
Judicial review (incl. appeals) - Practice - Appeals - Leave to appeal or right to appeal - See paragraphs 28 to 36 and 71 to 90.
Practice - Topic 9012
Appeals - Restrictions on argument on appeal - Issues or points not previously raised - See paragraphs 64 to 70.
Practice - Topic 9031
Appeals - Evidence on appeal - Admission of "new evidence" or "fresh evidence" - See paragraphs 38 to 63.
Cases Noticed:
Student Association of the British Columbia Institute of Technology v. British Columbia Institute of Technology (2000), 142 B.C.A.C. 129; 233 W.A.C. 129; 2000 BCCA 496, refd to. [para. 20].
Dowling (Greg) Architects Inc. et al. v. Griffin (J. Raymond) Architect Inc. et al. (2012), 327 B.C.A.C. 155; 556 W.A.C. 155; 2012 BCCA 336, refd to. [para. 33].
Hayes Forest Services Ltd. v. Weyerhaeuser Co. (2008), 250 B.C.A.C. 286; 416 W.A.C. 286; 2008 BCCA 31, refd to. [para. 33].
VIH Aviation Group Ltd. et al. v. CHC Helicopter LLC, [2012] B.C.A.C. Uned. 27; 2012 BCCA 125, refd to. [para. 34].
Bulley (Ed) Ventures Ltd. v. Eton-West Construction Inc. (2002), 18 C.L.R.(3d) 177; 2002 BCSC 826, refd to. [para. 35].
R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 47].
Petrelli v. Lindell Beach Holiday Resort Ltd. (2011), 310 B.C.A.C. 196; 526 W.A.C. 196; 2011 BCCA 367, refd to. [para. 48].
Pinto v. Revelstoke Mountain Resort Limited Partnership (2011), 304 B.C.A.C. 193; 513 W.A.C. 193; 2011 BCCA 210, refd to. [para. 65].
O'Bryan v. O'Bryan (1997), 97 B.C.A.C. 62; 157 W.A.C. 62; 43 B.C.L.R.(3d) 296 (C.A.), refd to. [para. 66].
Emmett et al. v. Arbutus Bay Estates Ltd. et al. (No. 2) (1994), 48 B.C.A.C. 26; 78 W.A.C. 26 (C.A.), refd to. [para. 66].
Ulmer v. British Columbia Society for the Prevention of Cruelty to Animals (2010), 295 B.C.A.C. 282; 501 W.A.C. 282; 11 B.C.L.R.(5th) 324; 2010 BCCA 519, refd to. [para. 66].
R. v. Winfield (P.A.) (2009), 273 B.C.A.C. 152; 461 W.A.C. 152; 2009 YKCA 9, refd to. [para. 66].
Counsel:
J. Aiyadurai, for the appellant;
D. Wotherspoon and J. Payne, for the respondent.
This application and appeal were heard at Vancouver, B.C., on June 4 and 5, 2013, by Kirkpatrick, Chiasson and Neilson, JJ.A., of the British Columbia Court of Appeal. On August 14, 2013, Kirkpatrick, J.A., delivered the following reasons for judgment for the court.
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Wang v. Jiang,
...see Canada Trustco Mortgage Co. v. Renard 2008 BCCA 343 at paras. 34–9; On Call Internet Services Ltd. v. Telus Communications Company 2013 BCCA 366 at paras. 64–9; Pinto v. Revelstoke Mountain Resort Limited Partnership 2011 BCCA 210 at para. 26; Braber Equipment Ltd. v. Fraser Surrey Dock......
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Greata Ranch Holding Corp. v. Concord Okanagan Developments Ltd., 2019 BCCA 304
...prejudice to the responding party (referring to the criteria described in On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at para. [37] Turning to the question of interest on the loan, he noted the arbitrator had interpreted Section 4.4 of the LPA (which provid......
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Laursen v. Director of Crime Victim Assistance, 2017 BCCA 8
...Court were to determine whether the application is statue-barred. (See On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at [86] Turning to the merits, s. 11 of the JRPA reads as follows: An application for jud......
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Laursen v. Director of Crime Victim Assistance,
...Court were to determine whether the application is statue-barred. (See On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at paras. Turning to the merits, s. 11 of the JRPA reads as follows: An application for judicial review is not barred by passage of time unles......
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Wang v. Jiang,
...see Canada Trustco Mortgage Co. v. Renard 2008 BCCA 343 at paras. 34–9; On Call Internet Services Ltd. v. Telus Communications Company 2013 BCCA 366 at paras. 64–9; Pinto v. Revelstoke Mountain Resort Limited Partnership 2011 BCCA 210 at para. 26; Braber Equipment Ltd. v. Fraser Surrey Dock......
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Greata Ranch Holding Corp. v. Concord Okanagan Developments Ltd., 2019 BCCA 304
...prejudice to the responding party (referring to the criteria described in On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at para. [37] Turning to the question of interest on the loan, he noted the arbitrator had interpreted Section 4.4 of the LPA (which provid......
-
Laursen v. Director of Crime Victim Assistance, 2017 BCCA 8
...Court were to determine whether the application is statue-barred. (See On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at [86] Turning to the merits, s. 11 of the JRPA reads as follows: An application for jud......
-
Laursen v. Director of Crime Victim Assistance,
...Court were to determine whether the application is statue-barred. (See On Call Internet Services Ltd. v. Telus Communications Company, 2013 BCCA 366 at paras. Turning to the merits, s. 11 of the JRPA reads as follows: An application for judicial review is not barred by passage of time unles......