What is the test for making a declaration in a personal injury matter?
British Columbia, Canada
The following excerpt is from Lafontaine v. University of British Columbia, 2018 BCCA 307 (CanLII):
Declarations are discretionary remedies. Generally speaking, they are available where a court “has jurisdiction to hear the issue, where the dispute before the court is real and not theoretical, where the party raising the issue has a genuine interest in its resolution, and where the respondent has an interest in opposing the declaration sought”: Ewert v. Canada, 2018 SCC 30 at para. 81.
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