The appellant was convicted of aggravated assault and uttering threats after beating the victim with a baseball bat.
He appealed, arguing the trial judge misapprehended the evidence, specifically regarding whether the victim's life was endangered.
The Supreme Court of Canada dismissed the appeal, affirming the stringent standard from R. v. Morrissey.
The Court held that to set aside a conviction, a misapprehension of evidence must go to the substance rather than detail, and must play an essential part in the reasoning process resulting in the conviction.