Can a court add an execution creditor as a party to an application under s. 7 of the Family Law Reform Act, 1978?

A circumstance where a court may add an execution creditor as a party was considered in the Ontario case of Bray v. Bray[2]. That case involved an application by a wife under s. 7 of the Family Law Reform Act, 1978, for a declaration that she was the sole beneficial owner of various parcels of real property which had been conveyed to her and her husband, either as joint tenants or tenants in common. The husband had executed a declaration to the effect that he held the interest in such properties in trust for the wife and he had recently executed deeds conveying his interest in the properties to her. An execution creditor of the husband requested to be added as a party. The court stated that in the usual case under s. 7 of the Family Law Reform Act, 1978, the court would be “most reluctant” to add an execution creditor as a party. The court, however, observed that this was not a usual case. It appeared to the court that the husband and wife were in agreement as to the outcome of the motion which would affect the rights of the execution creditor.