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Client found not guilty of sexual assault after three-day trial in the Ontario Court of Justice, Newmarket.  M.A. had known the complainant for several years.  They developed a friendship, but it never materialized into a relationship.  The two became estranged but reconnected in January of 2022.  During a five-day period, the two met each other every day. One night, the complainant came over for dinner and drinks.  The two were intimate but parted the next morning in an awkward unpleasant manner.  The two began to speak about the evening and over time the complainant alleged that she was too drunk to have consented to sex and nine months later, she attended the police, and a charge of sexual assault was laid.  Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was retained to defend the case.  Diana Davison assisted.  Joseph Neuberger recovered from the client’s phone over 200 messages spanning about two years of their friendship as well as photographs.  A 276/278 Application was brough to seek to admit most of the messages, photos, a partial recording, and sexual activity evidence.  The Application was successful.  The main pillar of the complainant’s evidence was that she was either drugged by M.A. or forced to drink too much alcohol that she could not have consented to the sexual activity.  In addition, the complainant alleged in her video statement to police that she did not really know M.A. well and that they rarely got together.  At trial, Joseph Neuberger, extensively cross-examined the complainant and methodically went through the messages, pictures and recording to demonstrate that the complainant was distancing herself from M.A. to make it appear she would not consent, when in fact that messages and images demonstrated a three to four year close friendship with numerous activities together including Latin dancing, dinners and helping her mother with purchasing investment property.  Continued cross-examination demonstrated that the complainant took no responsibility for her own actions on the night in question including that that it was her who initiated all contact for the week leading up to the dinner.  It was in fact her who suggested dinner and to come to M.A.’s home.  Further there was no evidence or opportunity for any drug to have been used and more importantly, M.A. did not force the complainant to drink any alcohol.  In cross-examination, the complainant after continued pressing on the issue, admitted that she drank alcohol voluntarily and did so because she was having a nice evening.  The alcohol consumed was a normal amount for her.  Cross-examination demonstrated a number of material inconsistencies and falsities in the complainant’s evidence.  M.A. testified and did so in a coherent believable manner.  After the evidence was completed, Joseph Neuberger drafted detailed written closing submissions that were filed with the court.  The Court concluded that the Crown had not proven beyond a reasonable doubt the sex assault allegation and M.A. was found not guilty.