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Procedure on Claim of Mootness

. Ontario (Provincial Police) v. Mosher

In Ontario (Provincial Police) v. Mosher (Ont CA, 2015) the Court of Appeal sets out the court procedure when a claim of mootness occurs:
[30] The approach taken by a court confronted with a claim of mootness involves two steps. The first step requires a determination whether the essential tangible and concrete dispute – the lis inter partes – has disappeared and the issues have become academic. If the response at this first step is affirmative, the second step requires the court to decide whether it should exercise its discretion to hear the case: Borowski, at p. 353; Mental Health Centre, at para. 36.



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