Found my old Law notes. please note this is related to Australia but we have a similar court system to Canada.
A declaration is a statement by the court, of the law or the rights of parties in some particular matter.
The court’s jurisdiction is broad and limited by its own discretion: Forster v Jojodex
• The existence of another tribunal to hear a matter won’t take away jurisdiction: Forster v Jojodex
• The availability of other remedies is no reason for refusing a declaration: Ainsworth v CJC; Judicature Act
• Court may refuse to grant a declaratory order without an ancillary order where the granting of the declaration will be of no practical use or have no foreseeable consequences: Neeta (Epping) v Phillips
However, declarations may be appropriate even where a decision maker cannot be compelled to exercise a discretionary power in a particular way and there is consequently no utility in quashing an earlier decision: Plaintiff M61E/2011
RGI Price at posting:
12.0¢ Sentiment: Buy Disclosure: Held
