To me it seems immaterial whether Daniel Dale was bobbing up and down peeking into Mayor Fords back yard, if he was shame on him. But given Ford's record of embellishments and prevarications I'm inclined to believe Dales version of events.
What bothers me though is that Dale is the one under police investigation and not the mayor. What the mayor did in confronting Dale in such a menacing manner was to commit an assault upon Mr. Dale
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
As the above reference to the criminal code states all that is needed for an assault to have occured is the threat of violence and given Fords legendary temper can there be any doubt that is exactly what happened in that park last night. In fact if Ford did under threat of violence compel Daniel Dale to surrender his property then Ford could also be guilty of Robbery and Extortion.