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Client found not guilty of Sexual Assault and Administer Noxious Substance after a three day trial in the Ontario Court of Justice, Brampton. A.H. and the complainant had known each other for approximately five years. They remained in contact but never dated. An arrangement was made for the complainant to attend A.H.’s apartment to have drinks and catch up. The complainant was supposed to attend earlier in the evening but arrived around 1:00 a.m. with a backpack and her purse. The two drank and had a pleasant evening. A.H. showed pictures of his two sons who were living with him full time. At some point the complainant alleged that A.H. left the apartment to obtain GHB and returned and forced her to drink the GHB. In addition, the complainant alleged that she got sick, vomited and then A.H. tried to force himself on the complainant. The complainant refused to leave the apartment after A.H. had asked her to leave and then alleged that she could call police. A.H. video recorded some of their interaction and eventually the complainant left, called police and A.H. was charged with Sexual Assault and Administer Noxious Substance. Joseph Neuberger was retained as his criminal defence lawyer. Joseph Neuberger obtained text messages exchanged between the parties prior to and just after the complainant left the apartment. After leaving the complainant wrote in a text that she hopes his kids get kicked to the curb just like she was. Joseph Neuberger brought a motion under section 278 to admit the messages as evidence and the video recording. At trial Joseph Neuberger cross-examined the complainant on a number of material inconsistencies between her two statements to police. In addition, detailed cross-examination was undertaken on what was captured on video and the text messaging. It appeared that the complainant had attended A.H.’s apartment to party and stay over. Joseph Neuberger prepared A.H. to testify. At trial A.H. testified that in fact the complainant had procured the GHB and drank it herself while using a bottle cap to dose out the GHB and not “G-out”. A.H. testified that all sexual contact was consensual but after he asked the complainant to leave and not stay over because he did not want his two boys waking up and meeting her, an argument broke out during which the complainant stated that she could just “call police and say he forced himself on her”. In fact, during cross-examination of the complainant on the video, right after A.H. requested the complainant to leave, the complainant said “ok then I will call the police.” The defence called other contradictory evidence to support the position that the complainant was not telling the truth about the evening. After extensive submissions, A.H. was found not guilty of both charges.