An appeal under the Child and Family Services Act was dismissed as moot.
The appellant acknowledged that the appeal was not about the return of the child and involved a question of law considered in the absence of a concrete dispute between the parties.
The Court of Appeal found no overriding and palpable error in the lower court's discretionary decision to refuse to entertain the appeal on mootness grounds.
The lower court properly applied the factors set out in Borowski v. Canada (Attorney General).
