What are the exceptional qualities of a declaratory judgment?
British Columbia, Canada
The following excerpt is from Phantom Mortgage Corporation v. Kyle, 2015 BCSC 931 (CanLII):
Wilson J. expanded on the anomalous qualities of the declaratory judgment in Operation Dismantle v. The Queen, 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441 at 480: Borchard, Declaratory Judgments (2nd ed. 1941), at p. 27, suggests that declaratory relief in cases which are not susceptible of any other relief is distinctive in that: ... no “injury” or “wrong” need have been actually committed or threatened in order to enable the plaintiff to invoke the judicial process; he need merely show that some legal interest or right of his has been placed in jeopardy or grave uncertainty … [emphasis added]
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