ABSTRACT
Today, courts are prepared to issue declaratory relief wherever a clear necessity can be proven. A declaration does not alter the rights between the parties; it merely states them. The parties are then left to organise these rights. The procedure is extremely appropriate for complex actions where there is some confusion as to the exact nature of the rights between the parties. In an increasingly complex commercial environment, declarations have become a very useful device, and the only real limitation is the discretion of the court itself.2 Declarations are particularly useful in actions against the Crown. The non-coercive character of the declaration means that it can readily pronounce legal issues inter partes without interfering with Crown rights and privileges.3
