New evidence heard by a new judge has made the difference for a B.C. man in his case against Watson Lake Motors.

The original small claims suit stemmed from an ill-fated trip taken by James Wilkinson from Whitehorse to his new home in Vernon, B.C. in late December of 2008.

Wilkinson was driving south with a new motorcycle in the back of his truck, as well as a U-Haul trailer packed with his furniture and other household items and several suitcases.

Just south of Watson Lake, Wilkinson's truck caught fire. He was forced to leave it on the side of the road, along with all of his belongings.

He called Watson Lake Motors and arranged to have his truck towed into town as soon as possible.

The company's owner told Wilkinson that the only vehicle suitable for the job was just south of Fort Nelson, B.C., and that he would have the goods picked up as soon as the tow truck arrived.

But the Watson Lake Motors vehicle never made it – it too had engine troubles on the Alaska Highway and never made it past Toad River.

"It is to be noted that at the time the temperature was something in the order of minus 42 degrees Celsius, and perhaps the breakdown was understandable in that regard,” the small claims judge wrote in his decision.

Other arrangements were made for another company, Capital Towing, to pick up the vehicles. By the time the tow truck arrived, Wilkinson had already picked up the U-Haul trailer, but a thief had taken the motorcycle and suitcases which were in the back of the truck.

The motorbike was eventually located, but with significant damage. The suitcases were never found, nor was the thief.

Wilkinson sued Watson Lake Motors on the basis that the company had taken over responsibility of the the truck and its contents and had failed to take care of Wilkinson's property.

Although the small claims court agreed with the argument that Watson Lake Motors had taken responsibility for the truck and bike when it accepted the job, he said the company took reasonable steps to care for the property and was not liable.

Wilkinson, who represented himself, had better luck in supreme court.

As Supreme Court Justice Ron Veale explained in his judgment, the small claims judge didn't hear the evidence of Larry Hale, owner of Capital Towing, who told the court he didn't get a call from Watson Lake Motors until the day after Wilkinson's breakdown – not immediately after.

With that evidence in hand, Veale reviewed the steps Watson Lake Motors took to ensure the safety of Wilkinson's belongings and decided against the company.

He outlined several things Watson Lake Motors could have done to better care for the property.

Those included getting the RCMP's assistance in contacting Wilkinson when the tow truck didn't arrive, or calling the U-Haul company to get the man's contact information; the company could have simply asked Wilkinson for his cell phone number in the first place.

Finally, Watson Lake Motors could have picked up the motorcycle with the equipment it had available, thereby protecting the most vulnerable and valuable piece of Wilkinson's property.

Veale ordered Watson Lake Motors to pay Wilkinson $13,000 plus interest.