What is the test for a constructive trust claim?

Davies v. White, supra, was a family law constructive trust case that was published while this decision was under reserve. In that case, the applicant (a woman) had been living for years and had two children with the respondent, a married man who had in effect been living a secret double life, maintaining two different residences and families. The parties separated no later than April 2010. In that month, the respondent bought out the applicant's interest in their last common residence and she signed a release relating to the homes they had shared. In [page776] early 2011, she issued an application seeking "property interests" against the respondent. In late 2011, she claimed to have found out only then that the respondent was married all along. In late 2012, she sought to add a constructive trust claim in relation to the respondent's property and also to add the respondent's wife as a respondent to the constructive trust claim. She said the respondent was judgment proof, having put his property into his wife's name. She also said her joint venture with the respondent had allowed him to make investments that were put into the hands of his wife.