Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Torts - Malicious prosecution - Intentional infliction of mental suffering - Defamation - Wrongful dismissal - Employer’s liability - Directions of trial judge to civil jury - Whether Court of Appeal erred in finding the trial judge did not misdirect the jury on the requisite legal elements of the offence of theft - Whether Court of Appeal erred in finding the trial judge had not failed to adequately outline to the jury the position of the plaintiff with respect to the allegation of theft - Whether Court of Appeal erred in finding the trial judge did not err in failing to limit the allegation of theft to a single occurrence and by allowing the defence to justify the theft allegation by reference to other occurrences captured on the videotape.

Charlene Walsh worked for a Tim Hortons restaurant. The management of that outlet became concerned that staff members (not Ms. Walsh) were stealing from the store on the night shift. A videotape was activated so that the management could watch the conduct of the employees. After viewing a videotape that included a period of time during which Ms. Walsh was working on the takeout window, the manager became concerned that she was stealing money by not depositing all the money received from customers into the cash register. That manager contacted the owner, who instructed him to contact the local police. The police investigated and Ms. Walsh was charged with theft. She was later acquitted. Ms. Walsh commenced a lawsuit against the police and the Tim Hortons outlet. She advanced numerous causes of action, including malicious prosecution, wrongful dismissal, intentional infliction of mental distress and defamation.

After a lengthy trial in the Ontario Superior Court of Justice, a jury found against Ms. Walsh on all issues. The Court of Appeal dismissed her appeal.