Case $10$: Hey....Where's the Money?

The Sinclair's, a young couple, had purchased their dream home on a lovely street in their home town. It was in a newly developed neighborhood with a great price of $$250,000.$ The young couple decided that they would get funding from a bank through a mortgage but required a down payment. It was decided that they would get their down payment from their frends, the Miller's, dose friends who had come into some money when they sold their business a few years ago. The down payment of $$40,000$ was given to the Sinclair's with a verbal agreement to pay it back over five years

As the year's went on$,$ the Sinclair's made ther mortgage payments but they had not paid one cent back on the down payment that they had borrowed from their friends, the Miller's The Miller's had made numerous requests to the Sinclair's, after hep years n nen$-$payment, for their $$40,000$ or even a payment schedule. The Sinclair's ignored all requests

The Miller's really weren't sure what to do The process put a serious strain on their frendship. Also, they were at a point in their lives where they had children in sports and also had purchased some assets and didn't have the money to get involved ina complicated laarsult. Assume we're in Ontario.

What would you suggest the Miller's do and why?