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Rex v. M.M. (2025)

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Charges of Sexual Assault x 2, Sexual Interference x 2, and Forcible Confinement, withdrawn eve of trial in the Ontario Court of Justice.  M.M. was accused by his niece of a sexual abuse allegations.  M.M. had been living with his brother and hence the complainant.  M.M. was asked by his brother to help out with monitoring homework and limiting access to social media after school.  The two became embroiled in an argument and within days M.M. was charged with multiple sexual offences.  Joseph Neuberger of Neuberger & Partners LLP was retained to defend the charges.  The complainant provided a video statement to police but then a short while after, the complainant went to police and gave a second video statement recanting her first statement and explaining that she was very mad at M.M. for taking her iPad and then searching it finding out she had been on some inappropriate social media sites.  The matter proceeded to trial, and Joseph Neuberger challenged the section 715.1 application to have the first statement admitted as it did not have sufficient reliability given the recantation.  A motion record was filed and just before trial, Joseph Neuberger and the assigned Crown worked out a resolution for a common law peace bond to be signed by M.M. and all charges were withdrawn.

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