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Charge of sexual assault withdrawn mid-way through the preliminary hearing. The client was alleged to have sexually assaulted a female friend after they attended a casino and went to the hotel to rest before returning to Toronto. The allegations were very serious and reported to police later that night. The complainant had a boyfriend and when she returned home an argument ensued about why she went with B.L.C. to the casino. It was during this argument that the complainant alleged that she was sexually assaulted. In the complainant’s statement, it was alleged that B.L.C. made numerous affectionate moves on the complainant, while in the casino, that were flatly rejected by the complainant, including the complainant intentionally standing away from B.L.C. Defence lawyer Joseph Neuberger obtained the surveillance footage from the Casino. Joseph Neuberger then charted out the alleged acts in the statement with the surveillance footage. There were numerous inconsistencies, including footage showing the complainant standing beside B.L.C. rubbing his back and stroking his neck. At the preliminary hearing, Joseph Neuberger, commenced cross-examining the complainant with the inconsistencies. Unbelievably, the police never sought the surveillance and once disclosed by the defence, it was not reviewed. After one day of the preliminary hearing, the Crown had serious concerns about the credibility of the complainant. Joseph Neuberger, and his paralegal Grace Condello, prepared a new chart outlining the in court testimony as contrasted with both the original statement and surveillance, and then provided the chart to the Crown. As a result of the obvious inconsistencies, it was apparent that the complainant may have fabricated the entire allegation. As a result the charge was withdrawn.