R. v. Nartey, 2010 ONCA 729, released online today, deals with appeals based on misapprehension of evidence. The bar is very high:
[2] As properly acknowledged by the appellant's counsel, an exacting standard of review applies to the determination of whether a misapprehension of evidence argument has merit. Under this standard, it is incumbent on the appellant to demonstrate that the evidential misapprehension at issue is material rather than peripheral to the reasoning of the trial judge. In addition, the identified error must play an essential part not just in the narrative of the judgment but in the reasoning process resulting in a conviction.
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