Calla returned to the bar, but was called outside a few minutes later.

Hecker was kicking and fighting with Delane, and Calla said in statements that he intervened to stop the fight.

He brought Delane to the ground, straddled him and slapped him in the face to get his attention.

Delane's friend called the police and an ambulance during the fracas, but after they arrived Delane declined treatment.

He and his friend took separate cabs home.

Delane did not show up for work on Monday and after receiving a call from Delane's co-workers, Andre went to check on him on the Tuesday afternoon.

He found Delane semi-conscious in his living room.

Andre called an ambulance and Delane was rushed to hospital.

It was discovered that Delane had suffered a dissection of his carotid artery, which caused a stroke.

Delane underwent surgery and a difficult recovery that included seizures and chronic infection.

He still suffers from aphasia - a disorder that impairs his ability to process language - and is unable to use his right hand. Delane can walk, but he uses a cane.

Andre disputed some of the evidence from the trial, particularly the allegation by Hecker, who did not testify, that Delane had prompted the second interaction with the bouncers by punching another patron.

He said his brother has never been in a fight before and pointed out that the men who dealt with Delane were trained mixed martial-arts fighters.

"There was no evidence by witnesses or by fact that my brother assaulted anyone or fought back in any way," Andre said.

Andre said the judge's decision doesn't change anything for him or Delane, who lives in a care facility.

"He lost his house, his wife. He lost everything and now he's lost justice."

- Jennifer Saltman is with The Province