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Court exercised discretion to hear moot appeal to clarify uncertainty in the law.
The respondent submitted that the court should decline to hear the appeal based on the doctrine of mootness, as it had applied for a new building permit and appealed its refusal under s. 25 of the Building Code Act.
The Divisional Court exercised its discretion to hear the matter despite the lack of a live controversy, noting that the issue was important, had broader implications, and would clarify uncertainty in the law.
