Can a declaration be granted in a personal injury matter?

15 On the other hand Chief Justice McEachern, in a dissenting decision, was of the opinion that the granting of the relief sought would resolve the issue between the parties, and that it was appropriate that the declaration be granted. He was also of the opinion that the petitioner's claim for a declaration could be entertained. He states at page 113: As to jurisdiction, I have no difficulty concluding that these rules authorize such an application. I cannot do better than quote the judgment of Dickson J., with whom the rest of the court agreed, in Solosky v. R., 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 ... 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. In my judgment, there is a sufficient legal relationship, at least for the court to embark upon the merits, when a petitioner alleges that the respondent is under a legal obligation to act for the benefit of the petitioner. (My emphasis)