← More Recent Successes success stories

Three counts of sexual assault withdrawn by way of a peace bond at the Ontario Court of Justice, Toronto. The Complainant was a female friend of M.C. who was also a female. M.C. and the Complainant were a part of the same social circle. M.C. was involved in the complainant’s company as an investor. The agreement between the Complainant and M.C. was to split profits 70/30 percent for a couple of years. However, this working relationship went sour when the Complainant failed to provide M.C. with the agreed upon profit. The Complainant did not appreciate M.C.’s repeated demands for the agreed upon split and thus, laid charges for sexual assault. The Complainant alleged that sometime between March 2023, M.C. attended her spa with alcohol after working hours. When the Complainant was falling asleep, she alleged that M.C. climbed on top of her and began kissing her. The Complainant tried to push her off but M.C. grabbed her breasts and vagina. She held the Complainant’s hands and placed it on her own breasts all while the Complainant protested and repeatedly said no. The Complainant also alleged that M.C. used a sex toy to penetrate her vagina on this occasion against her will. On another occasion, the Complainant alleged that she had gone clubbing with M.C. and their common friends. One of her common friends became very intoxicated so she decided to drop her home with M.C. While leaving the common friend’s home, she alleged that M.C. grabbed the Complainant, groped her, and started fondling her breasts while kissing her against her will. On the third occasion, the Complainant alleged that M.C showed up at her residence unannounced to watch a movie. While watching the movie, she alleged that M.C. suddenly reached over and grabbed the Complainant by the face to kiss her. The Complainant said no and pulled away but M.C. continued doing so. At one point, she started touching and fondling the Complainant’s breasts. The Complainant asked M.C. to leave as she was not comfortable. The Complainant told the police that she was not in a relationship with M.C. and never had been prior to these incidences. M.C. retained Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend her on the charges. Yuvika prepared a comprehensive application under s.276/278 of the criminal code. Yuvika provided text messages between the Complainant and M.C. which showed that they were “friends with benefits” prior to the time frame when the Complainant alleged sexual assault. Yuvika also provided paperwork from small claims court which showed that M.C. had initiated a claim against the Complainant prior to the allegations. Yuvika was able to show that the charges were laid as a means to prevent M.C. from pursuing small claims action against the Complainant. After much back and forth with the crown, Yuvika was able to convince the crown to resolve the matter by way of a peace bond. All charges were withdrawn against M.C.