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Charges of Sexual Assault and Assault Choking, withdrawn on eve of trial.  R.M. and his wife were in the midst of a deteriorating marriage.  The complainant left Canada with their one son to her home country.  The trip was supposed to last only a few weeks, but after his wife failed to return to Canada with their child, he retained a family lawyer and made contact seeking the assistance of the Hague Convention for the return of their child and R.M. advised he was going to the RCMP to file a complaint for child abduction.  The wife went to another country without notice and when R.M. had tracked her down, she returned to Canada and immediately went to the police and alleged historic allegations of assault and sexual assault.  In particular, she alleged sexual assaults one to two times per week for almost their entire marriage.  R.M. was charged and hired Joseph Neuberger and Diana Davison of Neuberger & Partners LLP, Toronto Criminal Defence Lawyers, to defend him.  Joseph obtained the communications from R.M.’s family lawyer, the legal documents filed and hundreds of messages between the complainant/wife and R.M. for over a significant portion of their marriage.  A 276/278 Application was brought to admit various documents and messages to undermine the complainant’s version of events.  The motion was successful.  As per the legislation, the complainant has full access to the defence Application Record including the Affidavit of the accused.  Thus, the complainant had R.M.’s Affidavit and records.  She reviewed them and just prior to trial, contacted the Crown with concerns about being cross-examined.  Joseph Neuberger alleged that the complainant had been manipulative during the marriage including arguing often about R.M.’s business decisions, and given the enormous number of messages and records, there was not a single hint of any sexual abuse.  Further, the motive to fabricate was obvious. Within less than 24 hours of arriving back in Canada, the complainant went to police and consequently R.M. was charged. The complainant had wanted sole access to the matrimonial home and sole custody of their child. By laying the charges, she got all of this.  Thus, there was a clear motive to fabricate including avoiding criminal charges for child abduction.  Discussions ensued between Joseph Neuberger and the Crown and Sexual Assault Charge and Assault Choking were withdrawn.