What is the test for a judicial review application?
Ontario, Canada
The following excerpt is from Windsor Police Services Board v. Windsor Police Association, 2021 ONSC 7718 (CanLII):
Courts may refuse to determine an application for judicial review because there is no longer a live controversy between the parties. The leading case continues to be Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, 1989 CanLII 123. Borowski sets out a two-step analysis. First, a court must decide whether there is still a live controversy between the parties. If there is no live issue, the court may, nevertheless, exercise its discretion to hear the matter.
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