What is the test for granting declaratory relief?
Yukon, Canada
The following excerpt is from Ross River Dena Council v Yukon (Government of), 2015 YKSC 45 (CanLII):
As stated in Canada v. Solosky, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821, at p. 832, declaratory relief is discretionary. There are two factors to be considered: the utility of granting the declaration and whether it will settle the questions at issue between the parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a court to grant interim custody to a father who has been granted interim custody of his children by a judge? (Yukon, Canada)
When will the court grant a variance of an interim order where the child's work requirements change? (Yukon, Canada)
Can discoverability be a factor in granting summary judgment? (Yukon, Canada)
Is a plaintiff entitled to compensation for the impairment he sustained in a motor vehicle accident? (Yukon, Canada)
What is the applicable standard of review for an appeal from a discretionary order? (Yukon, Canada)
Is hardship a factor in determining a plaintiff's claim for a reduction in costs? (Yukon, Canada)
What is the burden of proof for a plaintiff who refuses to undergo surgery that has a 70% chance of success? (Yukon, Canada)
What is the impact of a judicial decision on the management of public funds? (Yukon, Canada)
When will a judge refuse to return a child to his wife's home in Tanzania? (Yukon, Canada)
What is the difference between negligence and trespass? (Yukon, Canada)
