What are the requirements for private interest standing to bring a petition for declaratory relief?
British Columbia, Canada
The following excerpt is from Ciarniello v. HMTQ, 2006 BCSC 1671 (CanLII):
The requirements for private interest standing to bring a petition for declaratory relief were discussed by Hood J. in Fraser v. Houston, [1996] B.C.J. No. 2096 (S.C.): 29 It is my opinion, that while there need not necessarily be a cause of action between the parties before the court will have jurisdiction to grant declaratory relief, and that jurisdiction is quite broad, it is not at large or unfettered. A litigant seeking declaratory relief must demonstrate that he or she has a right which has been infringed by, or requires protection from, the other party. If the right cannot be demonstrated, the party does not have standing and the court does not have declaratory jurisdiction.
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