Can an appeal be successful alleging an error in the jury charge?

To be successful on an appeal alleging an error in the jury charge, the appellant must demonstrate that the case was not fairly put to the jury. Examples of situations where it has been found that cases have not been fairly put to the jury are: (1) where the charge leaves the jury with a misapprehension as to the applicable legal principles; (2) where the jury charge was materially deficient; and, (3) where the law was not clearly stated on a critical issue. Quan v. Cusson, 2009 SCC 62, ¶ 42 - 43.