Law360 Canada (November 20, 2023, 8:53 AM EST) -- Appeal by Castle Building Centres Group Ltd. (Castle) and cross-appeal by Alberta Drywall & Stucco Supply Inc. (Drywall) from chambers judge’s order setting aside summary judgment order in favour of Castle and permitting the Counterclaim of Drywall to continue. Castle argued the chambers judge erred in finding an adverse inference against Castle and in awarding daily interest of 19.5 per cent past the date of the original judgment. Drywall argued the chambers judge erred in allowing Castle to retain the summary judgment award. Castle was a buying group that extended preferential pricing to its members including Drywall. Drywall stopped paying invoices for materials purchased by Castle on its behalf. Castle filed a Statement of Claim against Drywall for the amount owing. Drywall issued a Counterclaim alleging breach of the membership agreement. Castle’s summary judgment was granted inclusive of 19.5 per cent interest. Drywall's Counterclaim was permitted to proceed. Drywall appealed the summary judgment order. However, Castle executed on its judgment prior to the appeal hearing, receiving a total of $961,548.94. The chambers judge allowed the appeal, setting aside both the summary judgment and permitting the Counterclaim to proceed. The chambers judge ordered the termination penalty be returned to Drywall, plus 19.5 per cent daily interest when the termination penalty was applied to Drywall’s account the date of the order and that costs paid by Drywall be returned. The chambers judge declined to order the balance of the judgment returned, reasoning that the issue was not litigated on the appeal, accordingly, it could not form part of the final order on the appeal. Castle returned the sum of $328,896.75 to Drywall....