What is the current state of the law in Canada on a declaration of personal injury?
Manitoba, Canada
The following excerpt is from Telecommunication Employees Association of Manitoba Inc. et al. v. Manitoba Telecom Services Inc. et al., 2007 MBCA 85 (CanLII):
52 The leading Canadian authority is Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821. Dickson J., as he then was, writing for the majority, explained (at pp. 830-31): Declaratory relief is a remedy neither constrained by form nor bounded by substantive content, which avails persons sharing a legal relationship, in respect of which a “real issue” concerning the relative interests of each has been raised and falls to be determined. … declarations can be granted where real, rather than fictitious or academic, issues are raised ….
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