The parties separated and the appellant applied for a division of family assets under the Family Law Reform Act.
Before the court ordered the matrimonial home vested in the appellant, creditors of the respondent filed executions against his interest in the jointly held property.
The appellant sought to have the vesting order apply retroactively to the date of separation to defeat the creditors' claims.
The Supreme Court of Canada held that property does not vest until the court order is made, and the respondent's interest remained subject to the executions filed prior to that date.
