What authority does a court have to hear a moot appeal?
Alberta, Canada
The following excerpt is from Lavesta Area Group v. Alberta (Energy and Utilities Board), 2007 ABCA 365 (CanLII):
The leading authority governing the exercise of a discretion to hear a moot appeal is Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, 57 D.L.R. (4th) 231. In that case, Sopinka J. held at 353 (S.C.R.) that as an aspect of a general policy or practice, a court may decline to decide a case which raises merely a hypothetical or abstract question. A court will apply the doctrine when the decision of the court will have no practical effect of resolving some controversy affecting the rights of parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
What authority does the Court of Appeal have in common with the Courts of Appeal in England and Wales? (Alberta, Canada)
Does the Court of Appeal have any authority to interfere with an order issued within a judge’s jurisdiction? (Alberta, Canada)
What are the reservations of the Court of Appeal against any attempt to withdraw an admission on appeal? (Alberta, Canada)
What is the test for appeal leave to appeal the decision of a development appeal board? (Alberta, Canada)
What are the findings of the transcript of the hearing of the case before the Court of Appeal at the Superior Court of Justice? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
Does the Court of Appeal have any authority to interfere with a fact-finding function of a federal judge? (Alberta, Canada)
