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Rex v. R.K (2022)

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Charges of Assault, Assault causing Bodily Harm, Assault Choaking, Threaten Bodily Harm, all withdrawn prior to trial, Toronto. R.K. had been in a bitter divorce. His two children were essentially estranged from him. However, at the time of the allegations, they both moved in with R.K. for weekends. The children were upset about R.K. having moved on with his life; being engaged and purchasing a new house with his fiancé. One night after 11:00 p.m. the children confronted R.K. while he was sleeping his bedroom, stating that they are concerned there is no pre-nuptial agreement, and that he is putting their inheritance at risk for this new relationship with a person they did not know well. R.K. who was woken from a deep sleep was upset and told them to leave his room. They would not. R.K. got up and pushed them out of his bedroom while both children started a physical altercation with R.K. Police were called and R.K. was charged with multiple offences. Joseph Neuberger, Neuberger & Partners LLP, Toronto Criminal Lawyers, was hired as the defence lawyer. When all of the statements were obtained, Joseph Neuberger provided the Crown with defence disclosure, including the history of the family court proceedings, case law on the right to repel persons who are acting aggressive in your own home, and other source documents including messages that underscore a financial motivation to fabricate allegations and create a situation for R.K. to have lost his new relationship. In addition, the statements of the two children were highly problematic and not plausible. As a result, all criminal charges were withdrawn.

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