Can a declaratory order be made against a party to a motion of no confidence in the Superior Court of Justice?
British Columbia, Canada
The following excerpt is from Stacey v. Stacey, 2012 BCSC 649 (CanLII):
However, Justice Meiklem opted to exercise his discretion to grant the declaratory order in Finden v. Finden, [1996] B.C.J. No. 215 (S.C.). In that case, both parties could have been prejudiced by the order, but neither of the potential prejudices outweighed the other.
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