What is the test for dismissing an application to dismiss before hearing an appeal?

Northwest Territories, Canada


The following excerpt is from Lafferty v Tlicho Government, 2010 NWTCA 4 (CanLII):

We decided to consider the application to dismiss before hearing the appeal. To determine whether the appeal is moot, we must conduct a two step analysis: has the appeal become moot and, if so, should we nonetheless exercise our discretion to hear the appeal: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, 57 D.L.R. (4th) 231 (“Borowski”).

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