- Parties: The applicant/responding party was Nabil Benhsaien. The respondent/moving party was the Attorney General of Canada. 

- Subject Matter: The Parole Board of Canada’s Appeal Division decided to not release the applicant from the penitentiary before the expiration of his sentence. On Nov. 10, 2022, the applicant filed an amended notice of application for judicial review challenging this decision. On Nov. 10, 2023, the respondent filed a motion in writing under r. 369 of the Federal Courts Rules, SOR/98-106, which wanted to strike out in its entirety and without leave to amend the applicant’s application on the basis that it was moot. 

- Ruling: The court ruled in the respondent’s favour, granted its motion, entirely struck out the amended notice of application, and dismissed the judicial review application. The court found the application moot since the live issue as between the parties disappeared upon the expiration of his sentence on Sept. 14, 2023. The court decided not to exercise its discretion to consider and decide the moot application. The court found the allocation of judicial resources to consider and decide this moot matter inappropriate in the circumstances of this case. 

- Date: The hearing was set on Oct. 25, 2023. The court released its decision on Feb. 23, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs as the respondent advised that no costs were sought on either this motion or in the underlying application.