The defendant was charged under the Trespass to Property Act for failing to leave a commercial plaza when directed by police during an unsanctioned public celebration.
The police had written authorization from the property manager to enforce trespass laws on the property.
Despite multiple clear directions from an officer to leave, the defendant remained on the premises to challenge the officer's authority and was subsequently arrested.
The Ontario Court of Justice found the defendant guilty beyond a reasonable doubt, concluding that he did not leave the property immediately as required.
However, because the arrest itself was considered sufficiently punitive, the court declined to impose the standard fifty-dollar fine.
