Simon looking earnest in Preveza, Greece

Simon Shields, Lawyer

Legal Guides
tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war

home / about / testimonials / conditions of guide use
Talk to the Lawyer
Instructions

simonshields@isp.com
At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

THE LATEST WORD

(what's this?)

Declarations

1. General
2. Test
-----------------------------

1. General

Declarations are a relatively unusual, but fundamental, legal remedy. They are sometimes called 'declarations of right', and that describes them well - affirmations of the rights of parties which can have great practical impact on their future.

2. Test

. Daniels v. Canada (Indian Affairs and Northern Development)

In Daniels v. Canada (Indian Affairs and Northern Development) (SCC, 2016) the Supreme Court of Canada stated the basic crieria for issuing a declaration:
[11] This Court most recently restated the applicable test for when a declaration should be granted in Canada (Prime Minister) v. Khadr, 2010 SCC 3 (CanLII), [2010] 1 S.C.R. 44. The party seeking relief must establish that the court has jurisdiction to hear the issue, that the question is real and not theoretical, and that the party raising the issue has a genuine interest in its resolution. A declaration can only be granted if it will have practical utility, that is, if it will settle a “live controversy” between the parties: see also Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821; Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342.
-----------------------------

Sources
Law Society Number #37308N / Website © Simon Shields 2005-2019