Is this appeal to the Court of Appeal moot?
Newfoundland and Labrador, Canada
The following excerpt is from Abbass v The Western Health Care Corporation, 2017 NLCA 24 (CanLII):
Despite being moot, this appeal merits a decision in the circumstances of this case. The nature of habeas corpus applications involving the transfer and segregation of inmates is such that the factual circumstances of a given application can change quickly, before an appellate court can review the application judge’s decision. This means that such cases will often be moot before making it to the appellate level, and therefore “capable of repetition, yet evasive of review” (Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 at p. 364)…
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the considerations used in settling an application for leave to appeal rule 38 of the Court of Appeal? (Newfoundland and Labrador, Canada)
What is the test for a party to appeal against a finding of error at the Court of Appeal? (Newfoundland and Labrador, Canada)
Does a sentence imposed by the Court of Appeal have to be served on consecutive terms? (Newfoundland and Labrador, Canada)
What is the scope of intervention of the Court of Appeal into an order of custody and child support following divorce? (Newfoundland and Labrador, Canada)
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of fact based conclusions drawn from conflicting testimony of expert witnesses? (Newfoundland and Labrador, Canada)
What is the standard of review in the context of a motion by the Court of Appeal? (Newfoundland and Labrador, Canada)
What are the grounds of appeal for reinstatement in a Notice of Appeal? (Newfoundland and Labrador, Canada)
What is the standard of care required by the Court of Appeal in relation to a bailee? (Newfoundland and Labrador, Canada)
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
