Is the failure to object to evidence fatal to an appeal based on admission? Perhaps not

R. v. Jones, 2011 ONCA 584 deals with, among other things, a failure to object at trial and whether the Court on appeal can intervene in the absence of an objection. Customarily such intervention is not possible but the Jones decision seems to open the door a little wider than before:

[42] Second, defence counsel did not object to Crown counsel’s closing or the trial judge’s charge on the photographs, and did not ask the trial judge to correct the misstatement. A failure to object, especially when it is not for a tactical advantage, does not preclude this court from intervening on appeal to prevent an injustice. There is good reason why this is so. Any advocate, no matter how skilled or experienced, may on occasion overlook a material point during the course of a trial. Still, a failure to object is at least some indication that the alleged error was not overly prejudicial or problematic.