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

[1] The 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.