Objective: Dinan sought judicial review of an unspecified decision by the Federal Minister of Transport.
Appeal Basis: Contested the Federal Court's dismissal of his application for judicial review.
Mootness: Argued that the appeal was not moot, hoping to achieve a legal resolution on certain issues.
Court's Analysis and Decision
Federal Court's Decision: The Court was not persuaded that the Federal Court erred in dismissing Dinan's application for judicial review.
Mootness: The Court agreed with the Federal Court that the decision or outcome of this case would not have a practical effect on Dinan's rights, rendering the issue moot.
Live Issue Requirement: Dinan's desire for legal clarity did not constitute a "live issue," and the questions involved were not so evasive of review to warrant adjudication despite their mootness.
Roles of TATC and Minister: Concerns regarding the roles of the Transportation Appeal Tribunal of Canada (TATC) and the Minister in adjudicating disputes about the issuance of Canadian Aviation Documents were best suited for a case where the outcome affects a document holder.
Obiter Dicta: Comments regarding the possible endless loop of reviews and reconsiderations were considered obiter dicta, having no precedential value.
Conclusion
Appeal Outcome: The appeal was dismissed due to mootness, with a cost of $1,500 awarded to the respondent.
Implications: This case highlights the importance of the mootness doctrine in judicial review and the criteria for what constitutes a "live issue" in the court's consideration. It also sheds light on the procedural intricacies regarding the roles of administrative bodies and the judicial review process.
