Does a private investigator owe a duty in negligence to investigate workplace theft?
Ontario, Canada
The following excerpt is from Subway Franchise Systems of Canada, Inc. v. Canadian Broadcasting Corporation, 2021 ONCA 25 (CanLII):
Subway also cites Correia v. Canac Kitchens, 2008 ONCA 506, 91 O.R. (3d) 353, where this court overturned a summary judgment dismissing a negligence claim against private investigators who were retained by an employer to investigate workplace thefts. The court allowed the claim by an employee, who was wrongly identified as a culprit, discharged from employment, criminally charged (without further independent investigation by the police) and briefly jailed, to proceed to trial. The court reasoned that as the police owe a duty in negligence to suspects being investigated, private investigators performing police like functions should be subject to similar liability: at paras. 18, 47.
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