CALGARY—A man who removed his mask and deliberately coughed on a server at a Calgary bar last year has been convicted of assault. In a decision released last week, provincial court Judge Heather Lamoureux wrote that “emitting a force consisting of lung−air molecules” can qualify as the use of force under the Criminal Code. “The cough was not a reflexive action, but rather an intentional physical act,” Lamoureux wrote. The man, identified in the decision as 35−year−old Kyle Pruden, was also found guilty of assaulting a bar patron. The court document says the altercations happened in November 2020 at the Black Swan Pub in Calgary. Pruden was in the pub playing on a video lottery terminal when he went to the bar to cash out his $160 winnings, the court document says. Cayla Cossette, the employee, told Pruden that she was unable to pay out the winnings because the bar …
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