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“This is one of the ones where they really did put their foot in their mouth. People are going to pick up on that.”

Three days of hearings into an injunction application against the protesters wrapped up on Friday, with a judge reserving his decision until Nov. 17.

Mr. Kaplan had argued the defendants conspired against Kinder Morgan, employing social media and telephone networks to harm the oil company and pipeline builder Trans Mountain as they seek to nearly triple capacity by expanding a route under Burnaby Mountain.

He entered into evidence photographs of protesters wearing facial expressions he said demonstrate anger and violence.

“One of the things I will argue is that is not only intimidation, but that is actually an assault,” he said on Wednesday.

In his reply to the court two days later, Mr. Kaplan reiterated his position and said obstruction amounts to assault. He did not return to the depictions of protesters’ demeanours.

“If I’m walking along the road and you place yourself in front of me, the choice is to retreat or to contact. When 45 people do it arm-in-arm, yelling, it’s intimidation and assault.”

He went on to provide criminal code definitions of assault, intimidation and causing a disturbance.

“It can be offended by fighting, screaming, shouting, swearing, singing or using insulting or obscene language.”

It was just one of many remarks eliciting fresh titters from the defendants’ supporters in the public gallery, shielded from the court by soundproof Plexiglas.