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Client discharged after two day preliminary hearing in the Ontario Court of Justice of two charges of Sexual Exploitation. J.C.H. was charged arising from his position as a teacher at a school where the two complainants had been attending. The two complainants were long time friends of J.C.H.. The friendships had formed long before J.C.H. had completed University and was certified as a teacher. However, while being a teacher at the same school as the two young ladies, intimate relationships had developed with these young ladies at two different times over a two year period. There were no allegations of sexual assault and the relationships were consensual. However, when the parents found out about the relationships, complaints were made to the police and after a very extensive investigation, J.C.H. was charged with the two counts of sexual exploitation. Defence lawyer Joseph Neuberger went through the voluminous information provided by police in a very detailed fashion including the witnesses statements and the statements of the two young ladies who were the “complainants”. After review of the relevant law, Joseph Neuberger, developed a strategy for cross-examination to bring out the true circumstances of the relationships. The prosecution argued that being a trust family friend of the two young ladies and a teacher at the school with some teaching contact with the young ladies, J.C.H. was in a position of trust and/or authority and there thus guilty. After focused cross-examination by Joseph Neuberger of the two young ladies at the preliminary hearing and argument in line with the law, the preliminary hearing judge found that there was no evidence to conclude, given the facts are elicited in cross-examination, that J.C.H. was in a position of trust or authority. J.C.H. was factually innocent of the allegations. Usually a teacher is in a position of trust or authority of a student but the determination is fact driven. In this case, the prior healthy relationships, and the evidence of the complainants at the preliminary hearing did not disclose that the nature of the relationships were that of student and teacher but in fact friends. Further, there was minimal contact at school where J.C.H. acted as a supply teacher for both young ladies. Accordingly, J.C.H. was discharged of the offences.