What is the test for granting declaratory relief?

Yukon, Canada


The following excerpt is from Ross River Dena Council v Yukon (Government of), 2015 YKSC 45 (CanLII):

As stated in Canada v. Solosky, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 832, declaratory relief is discretionary. There are two factors to be considered: the utility of granting the declaration and whether it will settle the questions at issue between the parties.

Other Questions


What is the test for a court to grant interim custody to a father who has been granted interim custody of his children by a judge? (Yukon, Canada)
When will the court grant a variance of an interim order where the child's work requirements change? (Yukon, Canada)
Can discoverability be a factor in granting summary judgment? (Yukon, Canada)
What is the test for success on an issue by issue basis or global basis? (Yukon, Canada)
What is the test for aggravated damages in a Scientology case? (Yukon, Canada)
What is the test for having sex with an unconscious complainant? (Yukon, Canada)
What is the burden of proof for a plaintiff who refuses to undergo surgery that has a 70% chance of success? (Yukon, Canada)
What is the impact of issue estoppel on collateral attack? (Yukon, Canada)
What is the test for having to pay costs in a personal injury case? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.