A creditor holding negative pledge covenants (but no proprietary or equitable interest in the subject property) may be joined as a defendant to proceedings for a declaration of trust and vesting order under UCPR r 69(1)(b)(i) where the existing defendant does not resist the claim, the creditor is the only proper contradictor, and the timing of the proceedings raises questions as to their purpose. The applicant for joinder need not identify and formulate a cause of action against the existing plaintiff before being permitted to put a purely negative case against the declaration sought.
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