What is the test for a finding of mootness?

Ontario, Canada


The following excerpt is from Manu v. Banik, 2018 ONSC 2247 (CanLII):

Once a finding of mootness has been made, the court must determine whether to exercise its discretion to hear the appeal. The court must consider whether there are collateral consequences to the parties based on the outcome of the issue such that it ought to be heard, such as when criminal proceedings are ongoing and relate directly to the questions sought to be determined on appeal. The court must consider the concern for judicial economy. There is a need to ration scarce judicial resources to hear those matters which involve a live controversy between the parties. In addition, the court must be sensitive to its adjudicative role. Pronouncing judgments in the absence of any real dispute affecting the parties’ rights may be viewed as an intrusion into the role of the legislature. Reference: Borowski v. Canada, supra

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