Delfs v. Stricker
Tanner Delfs
Law Firm / Organization
Dennis James Aitken LLP
Kim Stricker
Law Firm / Organization
Brownlee LLP
Josh Stricker
Law Firm / Organization
Brownlee LLP
Fred Stricker
Law Firm / Organization
Brownlee LLP

Background:
The case involved Tanner Delfs, who was severely injured at age nine during an ATV accident. He sued his relatives, Kim Stricker, Josh Stricker, and Fred Stricker, alleging negligence.

Trial Court Decision:
The trial court dismissed Delfs' negligence claim. It found no breach of the standard of care by the defendants, concluding that the accident, while tragic, was not caused by negligence.

Legal Issues on Appeal:
Delfs argued on appeal that the trial judge erred by:

  1. Failing to find that Fred Stricker breached the standard of care by allowing a nine-year-old to be a passenger in the ATV.
  2. Misapplying the burden of proof, particularly regarding whether the defendants had to disprove negligence after a prima facie case was established.

Court of Appeal's Analysis:
The Court of Appeal upheld the trial court's decision, concluding:

  • Fred Stricker’s supervision and Josh Stricker’s operation of the ATV did not breach the standard of care.
  • The evidence did not establish that the accident was caused by negligence.
  • The burden of proof remained with Delfs, and no prima facie case of negligence was established.

Conclusion:
The appeal was dismissed, affirming that the defendants were not liable for Delfs' injuries. There was no specific mention in the provided text of the costs or award in favor of the successful party, so it is assumed that the dismissal did not include a monetary award for Delfs.

Court of Appeals for British Columbia
CA48205
Tort law
Respondent