RuggedWest Contracting Ltd. v Jayen Homes Ltd.

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca392, 2026 bcca 392 (canlii), 2026, bcca, 392, (canlii), ca51308, 2026, procedure, arbitration appeals, leave to appeal, arbitration act, sbc 2020, c 2, ss. 59, 60, application in chambers arising from an arbitration award, scope of appellate intervention limited to questions of law, central dispute over interest rate on arbitral award, leave to appeal dismissed, procedure, arbitration appeals, question of law, whether alleged error on “contractual quantum meruit” is an extricable question of law, distinction between questions of law, fact, and mixed law and fact, southam, sattva, contractual interpretation generally mixed law and fact, no jurisdiction to grant leave, application dismissed, procedure, arbitration appeals, time to apply, arbitration act, sbc 2020, c 2, s. 60(1), whether leave application was filed too late because issue arose in partial award, effect of supplementary award that corrects or interprets partial award, desert properties, appeal runs from “award as it is”, application brought in time, leave dismissed, statutory interpretation, interest on arbitral awards, arbitration act, sbc 2020, c 2, s. 51, whether arbitrator was required to award the agreed contractual interest rate “unless otherwise agreed by the parties”, argument that discretion was wrongly exercised, issue depends entirely on unappealable quantum meruit characterization, no basis for leave, application dismissed, contracts, contractual interest, termination, whether contractual interest rate under the amended and restated binding term sheet survived termination, issue framed as contractual interpretation involving mixed law and fact, considered only if leave granted on quantum meruit issue, no purpose served absent leave on central issue, application dismissed