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Mootness - Standard of Review

. DeGroot v. Licence Appeal Tribunal

In DeGroot v. Licence Appeal Tribunal (Div Court, 2022) the Divisional Court considered an appeal from a matter that the tribunal below had deemed moot as a matter of discretion, and held that a deferential standard of review applied:
[33] As it relates to the question of mootness, the decision of whether to hear and decide a moot issue is one which is an exercise of discretion. This court must therefore defer to the exercise of the LAT’s discretion unless the decision of the Adjudicator was unreasonable; was based on irrelevant or extraneous considerations; was based on a wrong principle, or where no weight had been given to a relevant consideration. - See Canadian Pacific Ltd. v. Matsqui Indian Band 1995 CanLII 145 (SCC), [1995] 1 SCR 3 at paras. 39 and 112; Volochay v. College of Massage Therapists of Ontario 2012 ONCA 541 at para. 52; Strickland v. Canada (Attorney General) 2015 SCC 27 at para. 39; and Ball v. McAulay 2020 ONCA 481 at paras. 118 and 124.



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