What is the effect of a motion by the respondent against the respondent in an appeal?
Ontario, Canada
The following excerpt is from Kobzar (Re), 2012 ONCA 326 (CanLII):
It might be said that since the appeal had been decided when the motion was heard, the motion could no longer affect the respondent's rights. In that sense, the constitutional issue is moot. See Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, [1989] S.C.J. No. 14, at p. 353 S.C.R.
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