Is a motion to quash an application based on mootness or not?
Ontario, Canada
The following excerpt is from Stewart et al. v. Office of the Independent Police Review Director et al., 2014 ONSC 6150 (CanLII):
The applicants argue that the motions judge erred in quashing the application on the basis of the mootness test as set out in Borowski v. Canada 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342. Rather, they submit, as a single judge, he should have applied the “plain and obvious” test to the motion to quash and referred it to a panel who could have determined the mootness issue. The applicants also submit that, in any event, the motions judge erred in his application of the Borowski test.
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