Court of Appeal for Ontario
Citation: R. v. Wrona, 2009 ONCA 451 Date: 2009-05-29 Docket: C48655
Before: O’Connor A.C.J.O., Sharpe and Watt JJ.A.
Between:
Her Majesty the Queen Respondent
and
Michal Wrona Appellant
Counsel: Kathryn Wells, for the appellant Alexandra Campbell, for the respondent
Heard: May 25, 2009
On appeal from the conviction entered by Justice Stong of the Superior Court of Justice dated March 17, 2008.
APPEAL BOOK ENDORSEMENT
1The application for leave to appeal is dismissed. We are not persuaded that the Summary Conviction Appeal Court judge made an error in law in dismissing the applicant’s appeal to that court. We agree with him that on the evidence, there was no rational conclusion other than that the applicant occupied the driver’s seat of the vehicle. The presumption under s. 258(1) of the Criminal Code, therefore, came into play.