Wong v Wires Jolly LLP, 2010 ONSC 4835 involved a dispute relating to the administration of a personal estate and the solicitor for the estate. The solicitor's accounts were rendered regularly but paid only sporadically. Eventually an alternative fee arrangement was agreed to where fees would be based on the value of assets in the estate rather than time spent. A dispute arose over the relevant date for determining the value of assets in the estate and the solicitor commenced arbitration.

The arbitrator issued an award determining that the compensation sought by the solicitor was fair and reasonable and awarded that amount. The beneficiaries sought to appeal despite the lack of any appeal rights in the alternative fee agreement.

The Ontario Arbitration Act provides for a statutory right of appeal on narrow grounds to the Superior Court of Justice. The beneficiaries appealed to the Court of Appeal instead.

The Court held that the 30 day period permitted for an appeal in the Ontario Arbitration Act, began to run from the date the arbitrator's reasons are received by the parties, since at that point, apart from costs, nothing further remained to be decided.

The Court also held that this limitation period did not cease to run when an appeal was made to the wrong court. In addition, the Court did not have jurisdiction to grant an extension of time, since the Arbitration Act expressly provides for an extension in one specific situation that was not applicable, and the appeal provisions of the Arbitration Act do not mention the possibility of an extension.

This decision highlights the importance of commencing any challenge to jurisdiction, judicial review or appeal within the set time limits for taking such steps, and ensuring that the relevant time period is calculated from the earliest possible date that notice of the decision to be challenged is received.