What are the requirements for declaratory relief?
Alberta, Canada
The following excerpt is from Shinnez-Lee Yellowbird v. Chief and Council of the Samson Cree Nation No. 444, 2003 ABQB 535 (CanLII):
There are three prerequisites for the granting of declaratory relief: The issue must be real and not theoretical; The person raising it must have a real interest, and There must be someone with a true interest to oppose the declaration. Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 at 831. The Respondent has met these requirements in this case.
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