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.

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