Can a hypothetical question be considered moot?

British Columbia, Canada


The following excerpt is from Le Soleil Hospitality Inc. v. Louie, 2010 BCSC 1183 (CanLII):

Courts generally decline to decide cases which raise merely hypothetical questions. Occasionally, however, a court may exercise its discretion to address an issue that is moot. For example, if an important question arises recurrently, but only briefly, the court may decide to answer it even though there is no longer a live controversy in the case: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 at 358-363.

Other Questions


How have courts considered mootness in determining whether a claim is mooted? (British Columbia, Canada)
What is the standard for a medical trust committee to consider a patient’s wishes when considering a transfer of funds? (British Columbia, Canada)
What is mootness and what is the test for mootness? (British Columbia, Canada)
What is mootness and what is the effect of mootness? (British Columbia, Canada)
In what circumstances will the court consider relevancy of the relevant questions in a case? (British Columbia, Canada)
In assessing damages for lost earning capacity, does the court have to consider hypothetical events that need not be proven on a balance of probabilities? (British Columbia, Canada)
What is the threshold question for determining whether an application is moot? (British Columbia, Canada)
Is an expert's opinion based solely on a hypothetical question? (British Columbia, Canada)
Is there a moot case or moot case? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.