The plaintiff, a 62-year-old long-term employee, was summarily dismissed and arrested for theft after being confused with another employee by a private investigation firm retained by his employer.
The plaintiff sued the employer, its parent company, the investigation firm, and the police for various torts including negligent investigation and intentional infliction of mental distress.
The motions judge granted summary judgment dismissing several claims.
On appeal, the Court of Appeal reinstated the negligent investigation claim against the private investigation firm, recognizing that private investigators may owe a duty of care to suspects.
The court also reinstated the intentional infliction of mental distress claims against the investigation firm, the parent company, and the human resources manager.
The dismissal of the claims for inducing breach of contract and intentional interference with economic relations was upheld.
