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Vol 22 No 7 July/August 2017

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Manual of Housing Law

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The Law of Declaratory Judgments 3rd ed.

ISBN13: 9780779814268
Published: November 2007
Publisher: The Carswell Company Ltd.
Country of Publication: Canada
Format: Hardback
Price: £150.00

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The declaratory judgment is a judicial statement confirming or denying a legal right of the applicant. While consequential relief may be joined or appended, the court has the power to issue a pure declaration without coercive direction for its enforcement.

Two very pertinent questions arise: is it the business of the court to grant mere opinions; and, if so, what is the value of an unenforceable judicial statement of rights? These queries and their responses have marked the development of the declaratory recourse since its inception, betraying at first latent judicial hostility to, and later acceptance of, a novel and specialized role of the court.

The purpose of this book is to provide a review and study of the declaratory judgment in Canada. The analysis of the subject includes reference to historical origins, procedural requirements, jurisdictional framework and application of the declaratory judgment in the determination of issues in constitutional, administrative, municipal, labour, contractual, and estate law. Along with an overview of the Canadian law, the author gives special attention to the experience of Quebec courts in the matter of declaratory relief.