As Hood J. wrote in Fraser v. Houston, [1996] B.C.J. No. 2096 at para. 29 (B.C.S.C.), It is my opinion, that while there need not necessarily be a cause of action between the parties before the court will have jurisdiction to grant declaratory relief, and that jurisdiction is quite, broad, it is not at large or unfettered. A litigant seeking declaratory relief must demonstrate he or she has a right which has been infringed by, or requires protection from, the other party. If the right cannot be demonstrated, the party does not have standing and the court does not have declaratory jurisdiction.
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