What is the test for a court to entertain a case in the absence of a live controversy?
Northwest Territories, Canada
The following excerpt is from Union of Northern Workers v Carriere, 2013 NWTSC 5 (CanLII):
The third reason is that the courts’ fundamental role in our political framework is adjudicative. If parties ask the court to entertain a case in the absence of a live controversy with a view of filling a real or perceived legislative gap, and the court does so, this may be viewed as an intrusion in the role of the legislative branch. Borowski v. Canada (Attorney General), supra, at para 40.
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