Court of Appeal for Ontario

Date: 2017-08-18 Docket: C62329 Judges: Doherty, Blair and Rouleau JJ.A.

Between

Her Majesty the Queen Respondent

and

Andrew Wilby Applicant (Appellant)

Counsel

Frank Addario and Andrew Burgess, for the appellant

Roger Shallow, for the respondent

Heard

August 18, 2017

Background

On appeal from the order of Justice Gary Tranmer of the Superior Court of Justice, sitting as a summary conviction appeal court judge, dated June 13, 2016, dismissing an appeal from the conviction entered by Justice Elaine Deluzio of the Ontario Court of Justice on February 27, 2015.

Appeal Book Endorsement

[1] Leave to appeal is refused.

[2] The first proposed ground of appeal challenges the trial judge's rejection of the defence expert's uncontested evidence about "reaction time". This submission cannot clear the merits threshold required for leave. The trial judge rejected, as she was entitled to, the evidence upon which the relevant part of the expert's evidence was based. More significantly, the expert's evidence about "reaction time" was irrelevant in light of the facts as found by the trial judge.

[3] The second proposed ground of appeal challenges the reasonableness of the verdict. This ground also fails on the "merits" test. We also do not agree that it provides an opportunity for this court to opine on the application of the law of dangerous driving to police and other first responders in general. Each case turns on its own facts and the law of dangerous driving is well-settled.

[4] Leave to appeal is refused.