Canadian Urethane v. Demilec Inc.
CANADIAN URETHANE FOAM CONTRACTORS ASSOCIATION INC.
Law Firm / Organization
Miller Thomson LLP
DEMILEC INC.
Law Firm / Organization
McMillan LLP
CALIBER QUALITY SOLUTIONS
Law Firm / Organization
Not Specified
ANDREW COLE
Law Firm / Organization
Not Specified
COLE CORPORATION
Law Firm / Organization
Not Specified

In the case of Canadian Urethane v. Demilec Inc., which was dated April 13, 2023, the Executive Director of the plaintiff, Canadian Urethane Foam Contractors Association Inc. (“CUFCA”), Andrew Cole, and Andrew Cole Corporation sought the dismissal of a claim brought against them. Andrew Cole had previously served as CUFCA's Executive Director. CUFCA functioned as a non-profit quality assurance provider in the polyurethane spray foam industry, providing licensing and certification services for spray foam contractors. The lawsuit revolved around a former CUFCA member, Demilec Inc., a subsidiary of Huntsman Corporation, a chemical products manufacturer with revenues approximately totaling $8 billion. Demilec purportedly terminated its membership and licensing agreement with CUFCA, which subsequently led to a legal dispute. Within this context, Demilec also identified Andrew Cole and his corporation as defendants, making allegations of various misconducts. Additionally, Demilec accused Andrew Cole of acting against Demilec's interests while holding the position of CUFCA's Executive Director. The court meticulously examined the evidence presented regarding Andrew Cole's supposed participation in creating a competitive foam product, the certification processes, communications via emails, and the activities of his corporation. Ultimately, the court determined that the accusations against Andrew Cole primarily pertained to corporate matters and did not establish personal liability. The court highlighted that Andrew Cole's actions generally aligned with CUFCA's interests and that Demilec had not substantiated its claims of Andrew Cole's personal wrongdoing with evidence. No specific information regarding a financial award had been provided in the case.

Superior Court of Justice - Ontario
CV-22-00666901
Employment law
Other