R. v. Berhe, 2012 ONCA 716 deals with the admissibility of non-expert "recognition evidence" deriving from the examination of a photograph or videotape. The Court holds:
 It has long been accepted that non-expert, lay opinion to the effect that the witness recognizes the image of a person seen in a photograph or on videotape, based on a prior connection with that person, may be admissible in certain circumstances. This appeal is about the contours of the test for admissibility of that type of evidence.
 In R. v. Brown, 215 C.C.C. (3d) 330 (C.A.), at para. 39, Rosenberg J.A. stated succinctly that "this type of non-expert opinion evidence is admissible provided that the witness has a prior acquaintance with the accused and is thus in a better position than the trier of fact to identify the perpetrator." Rosenberg J.A. relied on the decision of the Supreme Court of Canada in R. v. Leaney,  2 S.C.R. 393, at p. 413, for that proposition, which I would characterize as the "prior acquaintance/better position" test. I would re-affirm that test.