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Charges of Sexual Assault x 6, Assault with Weapon, Assault x 5, Threatened Death/Harm x 3, Extortion, and Forcible Confinement all withdrawn on the eve of trial, Brampton. The client was in a five year affair with the complainant. The relationship was coming to an end but both parties were not in agreement about ending the relationship. The complainant disclosed the affair to her husband which created a series of events, including messages to D.S.’ wife. D.S. went to police about harassment. The next day the complainant attended police and made numerous allegations of sexual assault, assault etc. Joseph Neuberger was retained as the Criminal Defence Lawyer. Diana Davison of the firm was also assigned to the defence of the case. The statements of the complainant were carefully analyzed and charted out in line with the chronology of the client. Further, copious emails and messages were obtained form the client relating to the ending of the relationship along with videos, and other documentary evidence. The complainant alleged loaning D.S. over $340,000.00 over the span of the five year affair. Evidence obtained from the client showed transactions returning significant funds to the complainant. Further, the complainant and her husband commenced a civil actions for damages and for the alleged loans. Joseph Neuberger had D.S. retain civil counsel and also went on as co-counsel to the civil action. A joint strategy was employed to defend both the criminal charges and the civil action. Joseph Neuberger obtained the Affidavit of Documents of the complainant in the civil case. Her Affidavit and productions failed to disclose the amount alleged with insufficient documentary evidence, and blanked out banks statements never showing funds provided by D.S. In the criminal case, the complainant did not provide any documentary evidence of advancing funds. When comparing all the evidence and the Affidavit of Documents, it was obvious that the complainant was perpetrating a fraud on the court. Joseph Neuberger and Diana Davison drafted a 30 page 276/278 Application to allow cross-examination on prior sexual history evidence and records at the criminal trial. That Application laid out the defence and the messages sent by the complainant that in context completely undermined her assertions of non-consensual sex. In addition a chart was provided establishing material inconsistencies between the complainant’s first and second statement as well as the statements from her husband. The Application was successful. After winning the Application, the defence provided an RPC assessment memo to the Crown, the Affidavit of Documents and productions and put forth the position that the complainant was not telling the truth. The matter had multiple pre-trials and judicial pre-trials. The assigned Crown carefully and fairly reviewed all material supplied by Joseph Neuberger and after detailed discussions agreed that there was no reasonable prospect of conviction. As such, all charges were withdrawn.