Is there a moot case or moot case?
British Columbia, Canada
The following excerpt is from R.P. v. British Columbia (Director of Child, Family and Community Services), 2015 BCSC 2302 (CanLII):
A moot case is one in which a decision of the court "will not have the effect of resolving some controversy which affects or may affect the rights of the parties": Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342 at 344. Counsel for the appellants take the position that because the appeal was anticipated prior to the order at the protection hearing, the appeal should proceed notwithstanding that order. There is no reference in the court summary at the protection hearing to any discussion with the court below concerning the appeal, or any statements that the consent was given on a without prejudice basis. In the result, it would appear the order at the protection hearing for a three month temporary custody order for the Director is the operative order in the file. Therefore, the order under appeal is now moot, having been replaced by the consent order. That consent order took effect once it was pronounced.
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