The parties' Agreement to Arbitrate provided for an appeal directly to the Court of Appeal on a question of law.
The appellant filed the appeal in the Court of Appeal, but the court held that it lacked jurisdiction, as parties cannot confer jurisdiction by agreement and the Arbitration Act does not provide for direct appeals to the Court of Appeal.
The court declined to transfer the matter under s. 110 of the Courts of Justice Act, leaving the appellant to pursue remedies in the Superior Court.
