What is the legal test for seeking declaratory relief under the Limitations Act?

This was the approach adopted by Moreau, J. in Huang v. Telus Corp. Pension Plan (Trustees of), 2005 ABQB 40 at para. 56 where she observed that, in addition to declaratory relief, the claim before her against pension trustees would, if successful, require them to act, and she noted that the Prayer for Relief in that action included a request for a money judgment. In the result, she concluded that the thrust of the action was a request for a remedial order, thus engaging the Limitations Act.

Watson, J. (as he then was), in Blair v. Desharnais, 2003 ABQB 657, dealt with an analogous issue. In that case, it was held that a foreclosure action was a remedial order because an Order Nisi was more than a declaration of a mortgage being in default; rather, it was also a judgment requiring the defendant to pay.