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Charges of Sexual Assault and Forcible Confinement withdrawn prior to setting trial dates, Toronto.  F.C. was in a casual relationship with the complainant for over a year.  One night while at the Royal York Hotel, the two became embroiled in an argument after having spent the night together.  F.C. did not want to assist the complainant with a business endeavour and the two parted unfavourably.  A week later, F.C. was contacted by police and it was alleged that he did not stop sexual intercourse when the complainant had asked. The complainant alleged some BDSM sexual play that she did not consent to.  As such, F.C. was charged with Sex Assault and Forcible Confinement.  Joseph Neuberger of Neuberger & Partners LLP was retained.  Joseph Neuberger obtained copies of an extensive record of messages between the complainant and F.C. that provided a very detailed outline of the relationship including communications after the night of the alleged sexual assault. It became clear from the messages that the complainant was upset about the rebuke about financial assistance.  Further defence investigative steps were taken and the complainant continued to email F.C. with many of the messages giving concerns as to her mental health, reliability, and motive to fabricate.  After reviewing the disclosure and the statement of the complainant, Joseph Neuberger prepared a memo to the Crown setting out source material and a breakdown of the case as to why there was no reasonable prospect of conviction.  After multiple pre-trials and a judicial pre-trial, it was agreed that F.C. would sign a common law peace bond and the charges would be withdrawn.