What is the test for granting a declaration?
Ontario, Canada
The following excerpt is from Godin v Sabourin, 2016 ONSC 770 (CanLII):
Being a discretionary remedy, the court will withhold the exercise of its discretion to grant a declaration in circumstances in which a declaration cannot meaningfully be acted upon by parties; a declaration must have some utility: Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821; Giacomelli v. Canada (Attorney General), 2010 ONSC 985. Discussion Present vs Future Rights
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