The plaintiff, a former Service Advisor at a Canadian Tire store, sued his former employer and others for wrongful dismissal, malicious prosecution, defamation, and other torts after he was fired and arrested for allegedly installing KGB spyware on his manager's computer.
The plaintiff claimed he was framed by the defendants either because he refused to 'upsell' or as a decoy for a separate credit card pin pad fraud.
The court rejected the plaintiff's conspiracy theories, finding that the employer proved on a balance of probabilities that the plaintiff installed the spyware, which constituted just cause for dismissal.
The court also dismissed all tort claims, finding the defendants had reasonable grounds to call the police, the police independently decided to lay charges, and the defendants' conduct was not malicious, outrageous, or defamatory.
