What is the test for dismissing a motion for summary judgment under the mootness doctrine?

The petitioner notes the analytical framework on this issue is set out in Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 [Borowski]. There, the court set out a two-part test for determining whether a proceeding ought to be dismissed because it is moot. The first question is whether the tangible and concrete dispute has disappeared such that the issues have become academic. If the answer to that question is “yes”, then it remains to be decided whether the court should nonetheless exercise its discretion to decide the case. That discretion is to be exercised according to the underlying rationales for the mootness doctrine, those being the need for an adversarial context, concerns for judicial economy and an awareness of the proper law-making function of the courts.