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Charges of Assault x 2 withdrawn prior to setting a date for trial, Newmarket. R.B. was at a family dinner. He and his wife had a deteriorating marriage for some time. Once outside of his family’s home, R.B. noticed that one of their young children was wandering in the street. The child was picked up by R.B. and placed in the family car but he and his wife got into an argument. R.B. stopped the complainant from swinging a bag at him and the two struggled. R.B. was very upset and had told the complainant and their marriage was over. He got into the car to drive home with the children and the complainant called 911. She alleged an assault. R.B. was arrested. Joseph Neuberger and Grace Condello of Neuberger & Partners, Toronto Criminal Defence Lawyers, were retained to defend the case. After the statement to police the complainant alleged another assault and R.B. was charged with an assault that was to have occurred two months prior. Both statements of the complainant were obtained, transcribed, and viewed. Witnesses at the house of the first alleged assault were interviewed. Once the second charge was laid, R.B. terminated his wife from their business and commenced a divorce proceeding. The complainant replied and sought sole custody and damages for abuse alleging R.B. has been historically abusive. Joseph Neuberger reviewed all the family court material and provided the documents to the Crown. Joseph Neuberger and Grace Condello created a chart of both of the complainant’s statements. There were major problems with her stories, including the injuries alleged seemed to be self-inflicted and were impossible to have been caused by the described assault, In fact, the assault alleged after the dinner at R.B.’s family home, was being hit with the bag, but it then evolved into slaps yet the pictures the complainant provided to police were not congruent with the described actions. The second charge of assault that pre-dated the incident after the dinner event, was a struggle during which the complainant pushed R.B. and then grabbed at his coat with such force that the sleeve of his coat was torn from the coat. A detailed memo and chart were provided to the Crown along with the family court materials that made spurious allegations. The complainant had been overholding the children and preventing R.B. from any access or parenting time with his children. The complainant had engaged in repeated calls to police to try and get R.B. charged with breaches of his release order. Finally, after extensive discussions, the Crown agreed there was no reasonable prospect of conviction. R.B. signed a common law peace bond and the charges were withdrawn.