What is the test for making a judgment in a different form?

However this is not the first time that judgments in this form have come before appellate courts. In Sinclair v. Neisz 1944 CanLII 152 (SK CA), [1944] 3 WWR 731, this court followed the principle laid down in Elliott v. Gibson (1904) 7 Terr LR 96, wherein it was held: “* * * that in such case the court should assume that the trial judge has found every fact open to him to find under the evidence so as to support the conclusion he has reached.”