What is the effect of the Court of Appeal finding on the "live issue" in the context of the issue?

Ontario, Canada


The following excerpt is from Greenpeace Canada (2471256 CANADA INC.) v. Minister of the Environment, 2019 ONSC 670 (CanLII):

This finding on the ‘live issue’ can further be illustrated by referring to Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 SCR 342.

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