What is the test for declining to hear a case when it merely raises a hypothetical question that will have no practical effect on the parties' rights?
Canada (Federal), Canada
The following excerpt is from Cardin v. Canada (Attorney General), 2017 FCA 150 (CanLII):
The court may decline to decide a case when it merely raises a hypothetical question that will have no practical effect on the parties’ rights: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, 57 D.L.R. (4th) 231. Applying the doctrine of mootness involves a two-step analysis. First, the court must determine whether the concrete controversy between the parties has disappeared and the issues have become academic. If yes, the court must then decide whether it should exercise its discretion to hear the moot case.
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