Issue: The case centered on whether a modular home (Modulux) provided to the defendants was a gift or a loan.

Key Points:

• Transaction Details: In 2018, the plaintiff used a home-secured line of credit to buy the Modulux, listing the defendants as owners on the bill of sale. Simone Berg claimed it was a gift; the plaintiff contended it was a loan or alternatively held in resulting trust or due to unjust enrichment.

• Procedural History: The initial summary trial application by the plaintiff was adjourned for more materials. Following an appeal by Simone Berg, a rehearing was conducted. The plaintiff amended her claim to include theories like resulting trust and refiled for a summary trial with extensive materials.

• Court Findings: The court determined the Modulux purchase was a financial arrangement, not a gift, reflecting patterns from earlier transactions. Payments toward the Modulux were made by Mr. Boone, although inconsistently. The court concluded a loan was likely intended, noting irregular repayments and no similar gifts to other family members.

Judgment:

• Outcome: The plaintiff was entitled to recover funds totaling $167,120.04 plus interest, reflecting the payments made and her line of credit usage.
• Next Steps: If there is a dispute over the interest amount, a registrar will resolve the figures.