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A B.C. business has won a claim against Best Buy after a package containing $2,000 of electronics was swiped by a porch pirate.

The B.C. Civil Resolution Tribunal ruled it "should have been obvious" to the courier company which delivered the parcel that it could have been stolen if it was left unattended.

According to an April 19 B.C. Civil Resolution Tribunal decision, Ensemble Systems ordered $1,988 of electronic goods from Best Buy to be delivered to its downtown Vancouver office which is located in a street-level townhouse.

The package was delivered on the weekend when the office was shut and Ensemble Systems says the courier tossed the package over a gated fence towards the steps of the building.

The decision doesn't say whether the gate was locked or not.

Best Buy says the parcel was delivered by third-party courier T-Force without the need for a signature and the delivery area was "deemed safe."

However, the company submitted video evidence from its surveillance cameras showing a thief taking the parcel.

Without explaining why, Best Buy says the company hadn't proved the parcel was stolen.

The Tribunal disagreed.

"I find it was stolen based on Ensemble’s correspondence with police in evidence, the still photos from the building’s video, and the video itself that shows the package and someone taking it," the Tribunal ruled.

Ensemble Systems argued Best Buy was negligent in its delivery and breached its standard of care by dropping the package over a gated fence and leaving it unattended and visible from the street.

READ MORE: How to proceed when porch pirates pinch your packages

Best Buy argued the courier company followed its standard operating procedure which allows couriers to "leave (a parcel) at a place that will not damage or risk the product, ring doorbell, and take a picture" of the delivery.

The Tribunal says the company's standard operating procedure isn't good enough and "common sense" dictates what a reasonable professional delivery service would do given the delivery area.

"I find it should have been obvious to T-Force that the package could be stolen if it was left unattended. This is because the package was clearly visible to passersby on a busy downtown Vancouver street," the Tribunal ruled.

The Tribunal also said that there were more inconspicuous places the package could have been left near the door, that would have been hidden from the street.

The other option of leaving a delivery slip is also pointed out by the Tribunal.

Best Buy argued that T-Force’s delivery was consistent with the "industry standard" but the Tribunal didn't buy it.

"I have found above that the delivery here was obviously deficient and fell below the applicable standard of care," the decision said.

Best Buy also accused the company of failing to "mitigate its damages."

Again, the Tribunal didn't buy it.

"I find Ensemble had no obligation to specifically advise Best Buy that it would not be present on weekends at the delivery address. Rather, I find the obligation rested with Best Buy to reasonably ensure Ensemble would receive the delivery," the decision said. "While I am not going so far as to say leaving a package unattended is always necessarily negligent, I find it was in the circumstances here, particularly given Best Buy knew the package contained valuable electronics it sold to Ensemble."

Ultimately the Tribunal orders Best Buy to refund the company $1,988 to cover the cost of the parcel swiped by the porch pirate.

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