In what circumstances will the court allow a declaration to be made in a personal injury action?

In Kourtessis v. M.N.R., 1993 CanLII 137 (SCC), [1993] 2 S.C.R. 53 at pp. 85-88, La Forest J. observed that two judicial policies historically prevented the use of the declaration. The first was the discretion to refuse the granting of a declaration when other remedies were available and the second was the refusal to grant it where no other relief was sought. In relation to the first barrier, La Forest J. held at p. 87: The policy concern against allowing declarations, even of unconstitutionality, as a separate and overriding procedure is that they will, in many cases, result in undesirable procedural overlap and delay. As long as a reasonably effective procedure exists for the consideration of constitutional challenges, I fail to see why another procedure must be provided.