The proceeding, brought by 11 Canadians against the mandatory health surveillance app, was tossed as moot in a ruling issued Thursday afternoon.
Canadians and those wishing to enter Canada were told they had to download the ArriveCAN app and upload their vaccination status into it before arrival.
One of the applicants in The Democracy Fund lawsuit was Cody Tilbury, who along with many of his co-applicants, expressed privacy concerns about the ArriveCAN app:
Associate Federal Court Judge Trent Horne wrote in his judgement that since the troubled overbudget app is no longer mandatory, the challenge of the constitutionality of the previous requirement to use it is no longer relevant:
"With the repeal of the impugned Orders in Council, the challenged provisions no longer exist in law. They are moot. This is not an appropriate instance for the Court to exercise its discretion to hear a moot application. The notices of application will therefore be struck."
The ArriveCAN app was dropped in September after the feds were hammered by controversy around the cost of the app and failings that led to fully vaccinated users being slapped with quarantine fines.
TDF is a registered Canadian charity focused on civil liberties litigation and education.