Court of Appeal for Ontario

Date: 2018-11-13 Docket: C63102 Judges: Feldman, Roberts and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Kevin Wagar Appellant

Counsel

Kevin Wagar, in person

Lorna Bolton, for the respondent

Hearing and Appeal

Heard and released orally: November 5, 2018

On appeal from: The conviction entered on May 27, 2016 by Justice Wolfram Tausendfreund of the Superior Court of Justice, sitting without a jury.

Reasons for Decision

[1] The appellant claims there were many errors at his guilty plea and the subsequent proceedings.

[2] They can be grouped into the following general categories:

i. the trial judge was biased;

ii. the guilty plea was not voluntary or informed;

iii. he was provided with ineffective assistance of counsel at trial;

iv. there was a breach of solicitor-client privilege; and

v. the Crown did not honour the purported agreement that she would not read facts into the record on the day of the guilty plea.

[3] We see no basis in the record to support any of these claims. The record amply supports the appellant's convictions and that his guilty plea was voluntary, unequivocal and fully informed.

[4] The conviction appeal is dismissed.

K. Feldman J.A. L.B. Roberts J.A. Fairburn J.A.