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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.Ĭayla Cossette, the employee, told Pruden that she was unable to pay out the winnings because the bar owner hadn't replenished the cash float. The court document says the altercations happened in November 2020 at the Black Swan Pub in Calgary. The man, identified in the decision as 35-year-old Kyle Pruden, was also found guilty of assaulting a bar patron. 'The cough was not a reflexive action, but rather an intentional physical act,' Lamoureux wrote. 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. A man who removed his mask and deliberately coughed on a server at a Calgary bar last year has been convicted of assault.