Court of Appeal for Ontario

Citation: R. v. Larocque, 2010 ONCA 43
Date: 2010-01-21
Docket: C50324

Between:

Her Majesty the Queen (Respondent)

and

Robert Larocque (Appellant)

Before: Moldaver, Cronk and Lang JJ.A.

Counsel:
Vincenzo Rondinelli, for the appellant
Matthew Asma, for the respondent

Heard: January 20, 2010

On appeal from the conviction entered by Justice W.L. Whalen of the Superior Court of Justice on December 12, 2008.

APPEAL BOOK ENDORSEMENT

[1] There was more than adequate evidence to support the trial judge’s factual findings that led inexorably to his conclusion that the appellant created a risk that he would put the car in motion while he was impaired and thereby create a danger to the public or himself. See R. v. Ruest, [2009] O.J. No. 5108 at para. 14.

[2] That evidence included the appellant’s repeated requests to the passerby for a rope with which to pull the car back on the road. The trial judge also found as a fact that the appellant was the sole occupant of the vehicle, which led to the conclusion that he had control of the keys.

[3] Accordingly, the appeal is dismissed.