What is the test for a constructive trust as a remedy in a sexual assault case?

Finally, in a decision of Friskie v. Piovesan, (1998), 24 E.T.R. (2d) 120, Madam Justice Saunders (as she then was) found in favour of a constructive trust as a remedy. The court canvassed a resulting trust as well as the situation where a constructive trust would arise. The court also made some useful observations as to the trial judge’s finding of credibility, referring to factors that enable the court to judge that credibility. Those include the opportunities for knowledge, that witness’s powers of observations, judgment, memory, and that witness’s’ ability to describe clearly what has occurred, or what has been said or heard, and generally, all of the surrounding circumstances.