What is the test for hearing a moot appeal?
Ontario, Canada
The following excerpt is from Toronto Star Newspapers Ltd. v. Canada, 2009 ONCA 59 (CanLII):
In Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, [1989] S.C.J. No. 14, at pp. 358-63 S.C.R., the court listed three factors a court should consider in deciding whether to exercise its discretion to hear a moot appeal:(a) whether an adversarial relationship still exists between the parties; (b) whether special circumstances exist in the case so as to justify the expenditure of scarce judicial resources; and (c) whether there is a need for the court to be sensitive to its role as the adjudicative branch of government.
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