Can courts exercise discretion not to hear a case where there is no tangible and concrete dispute?

Alberta, Canada


The following excerpt is from Lethbridge Habitat for Humanity v. Lethbridge (City of), 2002 ABCA 244 (CanLII):

Courts may exercise their discretion not to decide a case where there is no longer a tangible and concrete dispute: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342. In exercising discretion to decline to hear a case based on mootness, courts may refer to the rationale for the mootness doctrine for guidance. The mootness doctrine is based upon the requirement of an adversarial context in order to ensure all arguments are fully advanced, the concern for judicial economy of resources, and the concern that judgments in the absence of a dispute may be viewed as intruding upon the role of the legislative branch.

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