How have courts considered mootness in determining whether a claim is mooted?
British Columbia, Canada
The following excerpt is from Alliford Bay Logging v. Mychajlowycz et al, 2001 BCSC 147 (CanLII):
Edwards J. referred to Borowski v. Attorney General of Canada (1989) 1989 CanLII 123 (SCC), 57 D.L.R. (4th) 231 (S.C.C.). In that case, Sopinka J., at 239, said that in order to determine an issue of mootness it is necessary first to consider whether the “tangible and concrete dispute has disappeared and the issues have become academic” and second, if the answer to that question is in the affirmative, to decide if the court should exercise its discretion to hear the case anyway.
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