The applicant sought judicial review of an Ontario Municipal Board decision dismissing its appeal of two zoning by-laws.
Prior to the hearing, the City of Ottawa passed a new Comprehensive Zoning By-law that repealed and replaced the impugned by-laws, subjecting the lands to the same uses.
The applicant did not appeal the new by-law.
The Divisional Court found the application for judicial review was moot because the original by-laws had been superseded.
Applying the Borowski factors, the court declined to exercise its discretion to hear the moot application, noting there were no collateral consequences, no issues of broad public importance, and limited application to other lands.
