Does a constructive trust invoked by the wife in a separate civil action against the husband be considered a remedy of constructive trust?

Certainly, in the more recent decision of Spiring v. Spiring, [2004] M.J. No. 86, Allen J. was prepared to consider the alternative remedy of the constructive trust invoked by the wife in a separate civil action (which was ordered to be consolidated with the divorce proceedings). Allen J., concluded that the wife’s allegations respecting the husband’s use of a joint bank account to purchase a house, title to which he then placed in his name, did give rise to a reasonable claim by the wife in that property, justifying the granting of a pending litigation order. She directed that that claim be an issue at trial, to be considered with all other property issues.