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


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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.

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