Is a declaratory remedy available without a cause of action available?
Newfoundland and Labrador, Canada
The following excerpt is from Smyth v. Newfoundland and Labrador (Royal Newfoundland Constabulary), 2020 NLSC 83 (CanLII):
A declaratory remedy is available without a cause of action: Ewert v. Canada, 2018 SCC 30 (CanLII), [2018] 2 S.C.R. 165, at paragraph 81. That does not mean, however, that a claim for a declaration should be allowed to proceed past the pleadings stage without scrutiny.
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