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Rex v. J.S. (2025), client found not guilty of sexual assault after a four-day trial in the Ontario Court of Justice, Newmarket.  J.S. was alleged to have sexually assaulted a PSW worker who had just started working with him.  Then the complainant returned to work the next day and started a three- and half-year relationship with J.S.  After J.S. ended the relationship and refused to pay her spousal support, the complainant attended a police station and gave a statement alleging a historical sexual assault.  Joseph Neuberger of Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend J.S.  The disclosure consisted of the complainant’s statement.  J.S. had been struck by a car in late 2015 and sustained knee and ligament injuries to his right knee and shoulder including a depressed facture to his right knee.  He was assigned by the insurance company a PSW to assist with daily activities as he recovered.  This PSW was the complainant.  She alleged that on the second day she attended his home, he asked her to stay to watch a movie and while sitting on the couch, he started to molest her, grabbed her, and carried her to a bedroom where he pinned her on the bed and sexually assaulted her.  Her evidence was that she returned to work and J.S. opened up to her about his troubled marriage and his desire to be with her and have a life with her.  The two began an affair and eventually each divorced their respective spouses.  Soon after they lived together but had a turbulent relationship with the two breaking up often.  Toward the end of the relationship the complainant hired a lawyer and wrote an email to J.S. saying that he sexually assaulted her and wanted compensation and spousal support because they lived together.   J.S. refused.   J.S. retained his own lawyer and the two commenced litigation.  J.S. gained access to her personal files which contained her tax returns. The tax returns demonstrated that she declared herself as single and living at a separate address.  Shortly after this came to light in the litigation, she attended the police.  Joseph Neuberger obtained her tax returns, the family court litigation documents, and her time sheets from when she worked as a PSW for the client.  J.S. advised that she stopped working for him about two months after they started dating.  The time sheets clearly demonstrated that the signature on the time sheets changed.   It appeared that the complainant continued to issue time sheets for one and half years after they started dating and signed the sheets herself forging his signature.  Joseph Neuberger brought a 276/278 application to admit various documents for trial including his own medical records, occupational therapy reports, copious threads of WeChat messages which undermined much of her evidence about the narrative of the relationship and other sexual history evidence relevant to rebutting portions of the complainant’s narrative.  The application was successful.  Joseph Neuberger had a private investigator photograph and video the area of the house where the complainant alleged the sexual assaulted started and ended in a bedroom. At trial, extensive cross-examination undermined the complainant’s evidence including the mechanics of how the sexual assault occurred. It was impossible that J.S. could have restrained and carried the complainant to a bedroom given her injuries that had yet not healed by the date of the alleged sexual assault.  In addition, cross-examination on her litigation pleadings and tax documents demonstrated that the complainant made false statements in her court documents.  J.S. testified and was not shaken in cross-examination by the Crown.  After submitting detailed written submissions combined with oral submissions, the client was found not guilty of sexual assault.