What is the test for a declaratory action?

British Columbia, Canada


The following excerpt is from Epost Innovations inc. v. Canada Post Corporation, 1999 CanLII 5897 (BC SC):

"The court is justified in refusing to entertain the declaratory action if there is another procedure available in which more effective relief can be obtained or the court decides that the legislature intended that the other procedure should be followed." Kourtessis v. M.N.R. (1993), 1993 CanLII 137 (SCC), 78 B.C.L.R. (2d) 257 at 297 (S.C.C.).

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