What is the test for a constructive trust remedy?

In determining whether a constructive trust is the appropriate remedy the following principles emerge from Peter v. Beblow, supra: (1) A monetary award must be insufficient or inadequate. A monetary award may be considered insufficient under the following circumstances: (ii) If there is a low probability that the award would be paid; (iii) If there is a special interest in the property acquired, improved or maintained during the relationship; (iv) If the relationship was not short term; and (v) If the applicant reasonably expected to receive an interest in the specific property and the respondent is aware or ought to have been aware of that expectation. (2) In addition, given that a constructive trust is a proprietary concept, “the plaintiff must establish a direct link to the property which is the subject of the trust by reason of the plaintiff’s contribution.”