Declaratory judgment
103 Declaratory judgment
A proceeding is not open to objection only on the ground that it seeks a merely declaratory judgment or order.
The Court may make a binding declaration of right, whether or not any consequential relief is, or may be, claimed.
A person claiming to be interested under a deed, will or other written instrument may apply, by originating application, to a judge in chambers for – the determination of any question of construction arising under the instrument; and a declaration of the rights of the persons interested.
If a judge considers that any question on an application under subrule (3) ought not to be determined on an originating application, the judge – is not bound to determine the question; and may exercise the powers conferred by rule 95.
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