What is the test for dismissing a case as moot?

British Columbia, Canada


The following excerpt is from Baran v. Pioneer Steel Manufacturers Limited, 2022 BCCA 126 (CanLII):

Generally, a court will decline to decide a case if its decision on the matter will not resolve a controversy which affects or may affect the rights of the parties. This essential ingredient must be present not only when the action or proceeding is commenced but also when the court must make its decision; if, subsequent to the initiation of the action or proceeding, events occur such that no present live controversy affecting the rights of the parties exists, the case is said to be moot: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 at 353.

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