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Charges of Sexual Assault x 2, Forcible Confinement, Assault x 4, Assault Causing Bodily Harm, and Threaten Death, withdrawn after a successful 276/278 Application, prior to the commencement of evidence at trial. C.T. had been common law with the complainant for several years and the two had a child together. Unfortunately, the relationship soured, and a bitter custody battle ensued. The complainant, engaged in some concerned behaviour and eventually CAS intervened and C.T. was granted primary care over their child. The two tried reconciling and therapy. During a week when the complainant stayed with C.T. at his grandmother’s home, the two discussed reconciliation and moving into a home together. However, several arguments erupted and C.T. asked the complainant to leave. The complainant did not leave and started to break items in the home. She called police after C.T. said he would call police. Police arrived and took the complainant to the police station for a video recorded statement. C.T. was charged with multiple domestic abuse allegations including sexual assault. Joseph Neuberger and Diana Davison were retained to defend C.T. Jospeh Neuberger and Diana Davison spent hours gathering messages, video footage and other documents to piece together a historical review of the complainant’s conduct to undermine her credibility, and fortunately, C.T. had video recorded the last 10 minute of the complainant’s activities in the home prior to her calling police. Eventually, Jospeh Neuberger drafted a very detailed 276/278 Application as any records and sexual history evidence must be screened by the Court prior to being capable of admission at trial. The Application Record was drafted with a full outline of the defence including a detailed Affidavit of C.T. A clear motive was disclosed that included family law documents filed by the complainant days after the charges were laid seeking sole custody of their daughter. The Application to admit messages, documents, pictures, video footage and sexual history evidence was vigorously opposed by the Crown and counsel for the complainant. However, the Application was granted with 90% of the material being admitted for cross-examination and testimony at trial. A new Crown was assigned and immediately discussions ensued about reasonable prospect of conviction, including the motive to fabricate. After extensive discussions, C.T. signed a common law peace bond and all charges were withdrawn.