What is the test for declaring a matter moot?
Ontario, Canada
The following excerpt is from PD v Highland Shores Children's Aid Society (CFSA s.61), 2017 CFSRB 31 (CanLII):
The Board, following the approach laid out in Borowski v. Canada (Attorney General) 1 S.C.R. 342 at paras.16 and 17, stated in Applicants v. Jewish Family and Child Services of Toronto, 2011 CFSRB 16, para 51: In order for a matter to be moot, it is necessary to first determine if the “required tangible and concrete dispute has disappeared and the issues have become academic’. If there is still a “live controversy” the issue is not moot and there is no need to enquire further.
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