The plaintiff, Marian Massaar, brought a motion for summary judgment seeking repayment of a $200,000 advance made to her daughter, Lauren Moneck, and son-in-law, Anthony Moneck, for their first home purchase.
Anthony contended the funds were a gift, while Lauren affirmed they were a loan.
The court found that the funds were indeed a loan, based on Marian's consistent intention, contemporaneous documents, and evidence of regular repayments by both defendants.
The court dismissed Anthony's arguments, finding his evidence lacked credibility, and granted summary judgment in favour of Marian for the outstanding loan amount.
Lauren's crossclaim for contribution and indemnity against Anthony was also granted.