Background:
Apex Aluminum Extrusions Ltd. (the plaintiff) supplied materials to KD Sales & Service Limited (the defendant). An invoice for $113,587.30 was issued on November 6, 2020, with payment due within 30 days. Before payment, a third-party fraudster intervened, causing KD Sales & Service to mistakenly wire the funds to the fraudster on January 21, 2021. As a result, Apex Aluminum Extrusions never received payment.

Legal Arguments/Issues:
The plaintiff sought to enforce the contract's interest rate of 2% per month (28.6% annually) on overdue amounts and claimed full indemnification of legal fees. The defendants argued for a lower interest rate under the Court Order Interest Act and sought relief from the contractual interest, asserting that the interest rate acted as a penalty due to the fraud beyond their control.

Judgment:

• The court ruled in favor of Apex Aluminum Extrusions Ltd., enforcing the 2% per month interest rate from June 2, 2021, to December 13, 2023.
• The court held that the defendants, KD Sales & Service Limited and Dale Kadler (as guarantor), were jointly and severally liable for the $113,587.30 invoice.

Costs:
The court awarded the plaintiff full indemnification for reasonable legal fees and disbursements, to be assessed by the registrar if not agreed upon by the parties.

Total Award:
The plaintiff was awarded $113,587.30, contractual pre-judgment interest, and full recovery of legal costs, with the exact amount of costs to be determined.