Is a declaratory order enforceable?
British Columbia, Canada
The following excerpt is from Mortifee v Harvey, 2022 BCSC 275 (CanLII):
I am not persuaded by this argument. The declaratory order sought by the plaintiff is not simply an advisory opinion. A declaration has legal effect in that it finally determines the controversy between the parties. Government officials are expected to implement a judicial decision, even one in declaratory form. A failure to implement a judicial decree may give rise to liability in damages: Holland v. Saskatchewan, 2008 SCC 42 at para. 14.
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