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Charge of Sexual Assault withdrawn on eve of second set of motions for records of the complainant’s psychiatric records.  M.C. met the complainant on the dating site Plenty of Fish. The two engaged in highly suggestive messaging and then arranged to meet for an intimate encounter.  M.C. attended the complainant’s residence and engaged in relations.  After, the complainant became angry at M.C. and then later called police and he was charged with sexual assault.  Joseph Neuberger was retained as the defence lawyer.  Joseph Neuberger spent considerable time with the disclosure, and the client reviewing the events.  In addition, he obtained the text messages between the parties, that were extremely helpful for cross-examination.  However, just prior to the first trial date, the complainant made several posts on social media that raised significant issues regarding her mental at the time of the alleged offence.  A private investigator was hired to do a complete social media investigation with a tech expert and as a result the defence brought a third party records motion for her psychiatric records. The motion was adjourned as was the original trial date.  A second Application was filed for the records and just prior to the hearing of the applications the charge was withdrawn. Some of the mental health issues were relevant as they related to perception but also to issues of manipulation by the complainant.  As a result the complainant did not want to participate in the trial anymore and the Crown withdrew the charges.