This appeal involved a constitutional challenge to Ontario's COVID-19 public health measures, specifically the proof of vaccination requirement enacted by Ont.
Reg 364/20.
The Court of Appeal dismissed the appeal as moot because the provincial government had ceased enforcement and subsequently revoked the Regulation.
The court declined to exercise its discretion to hear the moot appeal, finding no practical effect for the declaratory relief sought and that the claim for nominal damages did not cure mootness.
Concerns about judicial economy and the utility of deciding fact-specific constitutional issues in the absence of a live controversy also weighed against exercising discretion.
