An appeal concerning the construction of contractual instruments is not rendered moot merely because the subject property has been sold and a new agreement entered into, where the construction issues remain relevant to continuing proceedings, the validity of past corporate acts, and the quantum of damages in related litigation. Indemnity costs may be awarded where an application to dismiss or stay an appeal is brought in circumstances where the applicant, properly advised, should have known it had no chance of success.
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5 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.