What is the test for mootness in a civil matter?
Ontario, Canada
The following excerpt is from Chong v. College of Physicians & Surgeons of Ontario, 2004 CanLII 14842 (ON SCDC):
The case law is clear. The test for mootness is outlined in Borowski v. Canada (Attorney General) (1989), 1989 CanLII 123 (SCC), 57 D.L.R. (4th) 231 (S.C.C.) at page 239. The doctrine of mootness applies when “the decision of the court will not have the effect of resolving some controversy which affects or may affect the rights of the parties. If the decision of the court will have no practical effect on such rights, the court will decline to decide the case”.
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