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Charge of Sexual Assault withdrawn after successful 276 Application and just before the commencement of trial, Toronto. S.B. was a student in university and during an evening with friends at a house party, S.B. connected with the complainant. The two spent time together and eventually after talking for a couple of hours and have some drinks, wound up in a room and became intimate. Several friends opened the door to the room and spoke with them, but shorty after intimacy ended, the complainant left the room and chatted with her friends. It appears comments were made disparaging S.B., and then the next day, the complainant made a complaint to the police and S.B. was charged. Joseph Neuberger was retained to defend S.B. The complainant in her statement to police denied having spoken with S.B. during the evening and in fact described him as the most boring person ever. The defence had several people at the party interviewed who confirmed S.B.’s version of events leading up to being in the bedroom. A section 276 Application was brought to admit evidence of their discussions earlier in the evening that including flirting, and sexual related conversations. The Application laid out in detail the defence evidence including the anticipated evidence of witnesses to be called by the defence. The Application was successful, and the evidence was permitted to be used at trial. Just prior to commencement of the trial, the Crown and defence had discussions, and the matter was resolved by S.B. signing a common law peace bond the charge of sexual assault was withdrawn.