What authority does the Court rely on in determining mootness?
British Columbia, Canada
The following excerpt is from Chief Elmer Moody v. Prince Rupert (City), 2011 BCSC 1797 (CanLII):
I have been referred by counsel for the City to the authority of Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342. That authority indicates that in considering mootness, there is a two-stage test: firstly, to determine whether or not there is a live controversy, and secondly, even if there is not a live controversy, whether in the circumstances of the case the court necessarily wishes to exercise its discretion to determine an issue.
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