Court File and Parties

Citation: R. v. Paterson, 2009 ONCA 331 Date: 2009-04-23 Docket: C42569 Court of Appeal for Ontario

Before: Weiler, Gillese and Watt JJ.A.

Between:

Her Majesty the Queen Respondent

And

David Paterson Appellant

Counsel: Harvey Stone, for the appellant Paul T. Murray, for the respondent

Heard and released orally: April 8, 2009

On appeal from the decision of Justice McLean of the Superior Court of Justice, dated September 30, 2004.

Endorsement

[1] Under s. 839(1)(a) of the Criminal Code leave to appeal to this court from a decision of a judge of the Superior Court of Justice on a summary conviction appeal is to be granted sparingly. We are not persuaded that this is such a case.

[2] In our view, in the circumstances revealed by the evidence in this case, no legal issue of sufficient importance emerges to warrant granting leave to appeal. These issues were litigated at trial and relitigated on summary conviction appeal. We see no error in the manner in which the issues were dealt with in either court below. While the issues may be dressed up as legal questions that appear of general application and importance, nothing takes this proposed appeal beyond its singular facts.

[3] From a practical point of view, the applicant seeks leave to appeal in connection with an offence upon which a stay of proceedings was entered, leaving untouched the conviction of impaired driving of which the evidence was absolutely overwhelming.

[4] Leave to appeal is refused.

"K. M. Weiler J.A." "E. E. Gillese J.A." "David Watt J.A."