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Simon Shields, LLB

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Mootness - Discretion to Hear Appeal Despite

Slate Management Corporation v. Canada (Attorney General) (Ont CA, 2017)

In this case the Court of Appeal briefly sets out the factors to be considered by a court when considering to hear a matter despite it being moot:
[28] Once a court determines that an appeal is moot, it is necessary to decide whether the court should nonetheless exercise its discretion to hear the case: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, at p. 353. Three factors are relevant in determining whether a court should entertain a moot appeal: (i) the presence of an adversarial context that will ensure that the issues are well and fully argued; (ii) concern for judicial economy; and (iii) awareness of the court’s proper law-making function: Borowski, pp. 358-363.

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