COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. MICHAEL ROBERT DAINES (Appellant)
BEFORE:
DOHERTY, MOLDAVER and ARMSTRONG JJ.A.
COUNSEL:
Margaret Hoy
for the appellant
Randy Schwartz
for the respondent
HEARD & ENDORSED:
September 23, 2005
On appeal from the conviction entered by Justice Marc Girard of the Superior Court of Justice dated December 10, 2001.
A P P E A L B O O K E N D O R S E M E N T
1The trial judge properly identified the applicable law as set out in R. v. Toews (1985), 1985 46 (SCC), 21 C.C.C. (3d) 24.
2He further held on the evidence that there was a real risk given the appellant’s extreme impairment that the appellant could have woke up and drove the vehicle. This was essentially a finding of fact. The summary conviction appeal court judge held that the finding was not unreasonable. He applied the correct standard of review and we see no error in law upon which we can intervene.
3Leave to appeal granted and the appeal is dismissed.