The appellant was convicted of causing a disturbance by using obscene language after yelling obscenities at police officers outside a bar at closing time.
The summary conviction appeal judge upheld the conviction.
On further appeal, the Court of Appeal found that the trial judge misapplied the test for a public disturbance.
The court held that the crowd's presence was typical for the area at closing time and that the appellant's actions did not cause an externally manifested disturbance interfering with the ordinary use of the premises.
The appeal was allowed and an acquittal entered.
