What is the test for declaratory judgment in favour of the present applicants in the Superior Court of Justice?
Alberta, Canada
The following excerpt is from Canadian Pittsburgh Industries v. Alberta (Board of Industrial Relations), 1977 CanLII 569 (AB QB):
It is not for me to speculate now whether, on the facts of this case, the principle stated in Barnard v. National Dock Labour Bd., [1953] 2 Q.B. 18, [1953] 1 All E.R. 113, would apply, that is, whether this would be a proper case for a declaratory judgment in favour of the present applicants if they were to sue for such relief because they would otherwise be without a remedy for an injustice.
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