Court of Appeal for Ontario

Citation: R. v. Perinpanayagam, 2009 ONCA 768

Date: 2009-11-04

Docket: C50617

Between:

Her Majesty The Queen

Respondent

and

Ravirajan Perinpanayagam

Appellant

Before: Laskin, Gillese and Juriansz JJ.A.

Counsel:

Alison Craig, for the appellant

Melissa Adams, for the respondent

Heard: November 3, 2009

On appeal from the judgment of Justice A.W. Bryant of the Superior Court of Justice dated May 29, 2009.

APPEAL BOOK ENDORSEMENT

[1] This is an appeal from the decision of the summary conviction appeal judge dismissing the appellant’s appeal of his conviction for impaired care and control of a motor vehicle.

[2] The summary conviction appeal judge found that the trial judge’s decision was not based on how long it takes a person to wake up but was based on his many factual findings summarized at paragraph 2 of the appeal judge’s findings.

[3] It seems to us that the appellant’s argument that the trial judge reversed the burden of proof is simply a reprise of his first argument and fails for the same reason.

[4] The appeal is dismissed.