COURT OF APPEAL FOR ONTARIO

CITATION: R. v. Balasubramaniam, 2016 ONCA 470

DATE: 20160613

DOCKET: C60463

Feldman, Benotto and Miller JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kangakar Balasubramaniam

Appellant

Kangakar Balasuaramaniam, in person

Robert Morin, for the respondent

Heard: June 7, 2016

On appeal from the decision of the Summary Convictions Appeal Court dated December 17, 2014 by Justice B.P. O’Marra of the Superior Court of Justice, dismissing the appeal from the conviction entered on May 31, 2013 by Justice G. Sparrow of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The appellant seeks leave to appeal from the decision of the summary conviction appeal judge dated December 17, 2014, which dismissed the appeal from the decision of the trial judge where, following a guilty plea, the appellant received a fine of $100 for the charge of possession of cocaine. The trial judge declined to grant a conditional discharge.

[2] There is no basis to grant leave to appeal. The test is a stringent one regarding not only an error of law but also an issue of general importance. The summary conviction appeal judge made no error. Further the appellant now attempts to argue that because of diabetes, he did not understand what was happening at the time of the plea. There is no evidence to support that claim, nor was it raised before the summary conviction appeal judge.

[3] Leave to appeal is denied.