What is the test for declining to hear an appeal?

New Brunswick, Canada


The following excerpt is from Province of New Brunswick v. Doucet, 2005 NBCA 68 (CanLII):

The contest between the parties being moot and there being no compelling reason for this Court to exercise its discretion otherwise, we decline to hear the appeal, which is dismissed, but without costs: see s. 51(4) of General Regulation 98-84 of the Small Claims Act, S.N.B. 1997, c. S-9.1 and Naderi v. Strong, 2005 NBCA 10 at para. 17, per Richard, J.A. ____________________________________ J. ERNEST DRAPEAU, CHIEF JUSTICE OF NEW BRUNSWICK WE CONCUR: ____________________________________ M.E.L. LARLEE, J.A. _____________________________________ J.T. ROBERTSON, J.A.

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