What is the argument that this appeal should be heard even if it is moot?
Canada (Federal), Canada
The following excerpt is from Biovail Corporation v. Canada (Minister of National Health and Welfare), 2006 FCA 92 (CanLII):
Biovail’s alternative argument is that this appeal should be heard even if it is moot. The leading case on this point is Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342. In my view, in this case the key question is whether there is a live controversy between the parties that could be affected in some practical way by a determination of an issue raised in the appeal.
"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
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
What are the implications of the Court of Appeal's review of arguments and allegations made for the first time on appeal? (MultiRegion, United States of America)
Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
