Private Investigators May Be Liable For Negligent Investigation

Today’s Court of Appeal decision in Correia v. Canac Kitchens, 2008 ONCA 506 applies Hill v. Hamilton-Wentworth Regional Police Services Board, [2007] 3 S.C.R. 129 and Anns v. Merton London Borough Council, [1978] A.C. 728 (H.L.) to hold that there is a duty of care in respect of a private investigation firm retained by an employer to investigate criminal wrongdoing by an employee. 

 

This somewhat unexpected decision is limited to the specific facts of the case but is an example of how the Courts are broadening the potential liability of previously immune actors.

 

The Court writes:

 

[69]          In our view, the policy considerations discussed above favour recognizing a duty of care in respect of a private investigation firm retained by an employer to investigate criminal wrongdoing. We emphasize that this conclusion applies only to the liability of private investigation firms in this specific context: when a relationship is created between a private investigator hired by an employer and a specific employee who is being investigated. The question whether there existed such a duty on the facts of the case is a matter that should be determined after a trial.