KITCHENER — A Kitchener man who almost died after choking on popcorn in a movie theatre eight years ago will not be prohibited from picketing, a judge has ruled.

Superior Court Justice Donald Gordon dismissed Cineplex Odeon Corp.'s request for a temporary restraining order. The decision allows Chad Veenhof and friends and family members to protest in front of a Cineplex theatre in Kitchener.

Veenhof, now 28, was watching "The Hangover" at the Cineplex theatre on Fairway Road in Kitchener in 2009 when he began choking on popcorn.

For at least nine minutes, possibly as long as 14, Veenhof couldn't breathe, family members said in 2010. Then his heart stopped.

For six months, Veenhof was unresponsive and then for another half a year he was only partly responsive. He is much better now.

His father, Ric Veenhof, alleges the theatre took no steps to help him. Cineplex claims the injuries were a result of using "illegal substances at the time of the incident."

None of the allegations have been proven in court. A civil trial is set to begin on March 20.

The theatre where the choking happened closed in 2010. A new Cineplex opened on Fairway Road last September.

Two months ago, Ric Veenhof told a Cineplex manager he planned to picket and distribute pamphlets to customers outside the theatre.

He said he was seeking rehabilitation costs for his son and said if Cineplex did not respond with a week, as many as 80 friends would start picketing.

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A pamphlet titled "Why you are not safe in Cineplex theatre" claims when Veenhof began choking, the theatre did not turn on the lights, did not stop the movie, did not call 911, did not ask if anyone in the theatre could help, did not follow instructions from 911 after a patron called and refused to allow a trained lifeguard to assist.

"The theatre has never helped with any rehab costs or even checked on Chad to see how he was doing," the pamphlet says. "I ask you all to spread the word about this travesty and be aware you may not be safe in any Cineplex theatre."

Last month, Ric Veenhof picketed outside the new theatre holding a sign that says, in capital letters: "You are not safe in this theatre tonight."

Police responded but took no action. Passersby called the theatre asking about safety in the theatre.

Ric Veenhof created a Facebook page called "You are not safe in a Cineplex Odeon theatre" and wrote: "We have started a campaign to warn others of the danger of attending a movie at a Cineplex Odeon theatre. We believe the public needs to be warned of his dangerous situation. Cineplex just does not care about your health and welfare."

Cineplex called the comments defamatory.

Veenhof said his actions aim to boost awareness of what happened to his son, raise funds for rehabilitation expenses and locate witnesses who were in the theatre during the choking incident.

The judge, however, said "the impression is that the impugned conduct is for an improper purpose, perhaps defamatory, intended to cause financial injury to the defendant or to bring pressure on it to provide compensation to the plaintiff."

Gordon said when deciding on a restraining order, two interests must be balanced.

"The right to free speech and to protest are considered fundamental to any democratic country," Gordon wrote. "So too is the right to operate a legitimate business without improper interference."

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Approving the request "may well impose significant limits on what might otherwise be considered the individual's rights," the judge said.

Cineplex sought an interim order preventing picketing. The company didn't seek a permanent order when it filed a defence to the lawsuit.

With no claim for a permanent order, a temporary order "would affect litigants in a profound manner, yet there would never be a trial on the merits of that claim," Gordon wrote in dismissing Cineplex's motion last month.