Kuldip Dhanjal was convicted of impaired operation. Dhanjal unsuccessfully appealed that conviction before Miller J sitting on summary conviction appeal. Dhanjal sought leave to appeal to the Ontario Court of Appeal. That application was dismissed: R v Dhanjal, 2011 ONCA 666.

In dismissing the leave application, the Court of Appeal commented, albeit briefly, on the evidence and findings of the trial judge - impugned in the Notice of Appeal.

...Contrary to the submission of duty counsel, there was evidence from which the trial judge could conclude that the appellant’s alcohol consumption and its effects were greater than claimed by the appellant. In particular, we note that the appellant stopped to make a left hand turn for a prolonged period and then executed his turn in front of an oncoming car without activating his left turn signal. His car collided with that car. After the accident, the appellant stopped for only a few seconds, claiming that he did not see the other car or its driver although he had collided with it and it was parked nearby.

Finally, it was a cold November evening and he parked his car after the accident with the windows open, an indication that he likely intended to air it out from the smell of alcohol in the car. We add that the evidence of the appellant and his statements to the police gave further support to the conclusion that the appellant consumed more alcohol before the accident than he admitted [paras 5-6]; [emphasis added].

DG Mack