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Client found not guilty of Sexual Assault after two day trial in the Ontario Court of Justice, Barrie. D.G. is a foreign trained physician. In Canada he was writing his equivalency exams and working at a clinic. One of the patients during a meeting for a medical note for her school alleged that D.G. hugged her, and slide his hand up her leg and groped her buttocks. The client was charged with Sexual Assault. Joseph Neuberger was retained as his criminal defence lawyer. Joseph Neuberger obtained the disclosure, including a very limited interview of the Vice Principal of the school where the complainant had been attending. The complainant attended the client’s clinic and had reoccurring throat infections. But on this date the complainant wanted a note just to give her school in case they needed a medical letter about her absences. Joseph Neuberger had the VP interviewed in a more thorough manner, and it was apparent that the complainant was missing a lot of school days and was in jeopardy of not being able to continue in the program. At trial, Joseph Neuberger cross-examined the complainant on a number of important facts that she was unclear about and specifically about her evidence and her mother’s evidence that no medical note was necessary. Joseph Neuberger subpoenaed the Vice Principal and established that in fact a meeting took place three days before D.G. was charged wherein the VP made it clear that if the complainant was going to miss more dates it was vital for her to get a medical record. In addition, it seems the complainant did not want to attend school due to issues with peers. She was to be changing schools after the first semester. The theory of the defence was that D.G. was asked for a medical note about future dates to be missed, which was not possible. The complainant wanted a favour as she was not sick when she went to see D.G. and needed the note to excuse her for the rest of the semester. When a note was finally drafted, the complainant believed that the note would help her. When she read it, the note did not help her and she needed another excuse to be absent from school such as a sexual assault allegation. D.G. was prepared for testimony and gave evidence at trial. The trial judge found reliability issues arising from cross-examination of the complainant’s evidence particularly around the purpose of the visit but other significant details. The trial judge also accepted the evidence of D.G. In the end, D.G. was found not guilty of Sexual Assault.