A man who touched a Vancouver bus driver's upper thigh for a few seconds has been found guilty of assault.

It doesn't matter how long Surjit Singh Toor's hand touched the female driver's leg — the contact was not trivial or minor, and the protection of transit operators is considered to be of "special importance," Vancouver Provincial Court Judge Wilson Lee said in his ruling this month.

The incident happened after Toor boarded the bus at Main and Hastings streets on Oct. 19, 2018.

The man said he wanted to go to the area of Victoria Drive and 49th Avenue. He appeared unstable and possibly intoxicated, the driver testified.

He touched the driver's shoulder, and she told him not to touch her.

As the bus approached the intersection of Commercial Drive and Venables Street, Toor once again approached the driver and tried to talk. The driver told him she was aware of where he wanted to go and asked him to sit down.

Toor then leaned forward and touched the driver's upper thigh for "two to three seconds," she said.

She yelled at the man and told him to return to his seat.

The driver called for help and stopped the bus at the Kingsway and Victoria Drive bus stop.

Vulnerability of drivers an aggravating factor, judge rules

Toor's defence counsel argued any contact between the man and the driver was "so minor and trivial" that he should not be charged.

However, the judge found the fact this happened to a bus driver was an aggravating factor.

"I attribute this to the vulnerability that transit operators have during the course of their employment duties, and their interaction with an assortment of bus passengers," Lee said in his ruling.

The driver was in a vulnerable position and would have had a hard time defending herself if she had to, Lee said.

"Mr. Toor's contact with [the driver] was not a mere trifle or of a minor nature," he said.

"In my opinion ... [the driver] is entitled to the protection of the law."