This was a summary judgment motion brought by Andrew Cole and Andrew Cole Corporation, defendants to a counterclaim, seeking to dismiss the counterclaim advanced by Demilec Inc. Demilec alleged that Mr. Cole, as Executive Director of the Canadian Urethane Foam Contractors Association Inc. (CUFCA), acted out of self-interest by developing a competitive product, improperly certifying a competitor's product, and sending misleading emails.
The court found that Demilec failed to provide sufficient evidence to establish a genuine issue requiring a trial.
The allegations against Mr. Cole involved conduct undertaken in his capacity as a CUFCA employee, and no personal liability was established.
The motion was granted, and the counterclaim against Andrew Cole and Andrew Cole Corporation was dismissed.