Gook Country Estates Ltd. v. Quesnel (City of), 2008 BCCA 407, deals with the issue of the Court’s discretion in granting declaratory relief. There is an excellent summary about the factors that the Court will rely on when considering whether or not to grant discretionary relief.

Keep in mind that discretionary remedies are just that, discretionary. Many times the parties are so busy attacking and defending positions that the discretionary part of the equation is overlooked.