What is the effect of a declaratory judgment on a petition?
British Columbia, Canada
The following excerpt is from Three Stars Investment Ltd. v. Narod Developments Ltd., 1981 CanLII 696 (BC SC):
The petitioner has used an inappropriate procedure in its use of a petition. The role of declaratory judgments, as provided for under R. 10, was commented upon by Dickson J. in Solosky v. R, (1979), 1979 CanLII 9 (SCC), 16 C.R. (3d) 294, 50 C.C.C. (2d) 495, 105 D.L.R. (3d) 745, 30 N.R. 380 (S.C.C.). In that case he adopted the view which asserted that the declaratory action is discretionary and should not be granted if it will not settle the questions at issue between the parties.
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