Does the mootness principle apply to interveners in a matter of public interest?
Ontario, Canada
The following excerpt is from Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45 (CanLII):
In addition, there is a recognized exception to the strict application of the mootness principle in cases which raise an issue of public importance regarding which a resolution is in the public interest: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342, at p. 361. The submissions of the interveners in this case satisfy me that there are matters of public importance involved in this case and that their resolution will be in the public interest as they will assist corporate governance of public companies in Ontario generally.
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