Former Barrie dermatologist Rodion Kunynetz was found not guilty on two counts of sexual assault on Monday in Newmarket court, after a last-minute change of venue.
The identities of the two complainants are under a publication ban. The first saw Kunynetz in 1998 and the second, in 2008.
In Justice Christopher De Sa's written ruling, he indicated that much of the Crown's evidence hinged on the idea that one complainant's testimony could be used to establish a pattern of behaviour to address the other complainant's testimony.
“Given the gap in time and the fact that there are only two complainants involved, a finding of sexual misconduct against one complainant would not reveal a ‘pattern of conduct’ so as to be probative in relation to a different complainant,” he said in his ruling.
“A substantial part of my concern in reviewing the evidence is that the Crown has not tendered any medical evidence to demonstrate that the nature of the examination conducted by Dr. Kunynetz was problematic from a medical perspective,” said De Sa.
“The Crown has called no evidence to assist me in this regard.”
De Sa also referenced the inconsistent testimony provided by the two complainants on the stand.
“The testimony of both complainants varied at different times from evidence they had given in the past,” he added.
“In the circumstances of this case, I am not satisfied that Dr. Kunynetz touched the complainants for a sexual purpose. I am also not satisfied that Dr. Kunynetz touched the complainants knowing of, or being reckless of or wilfully blind to, a lack of consent on the parts of the complainants,” Justice De Sa concluded.
Kunynetz's defence attorney David Humphrey spoke on behalf of Kunynetz after the verdict was delivered.
“Dr. Kunynetz is grateful for the thorough and careful reasons for acquittal provided by Justice De Sa. He has always maintained he never touched any patient for a non-medical purpose. After thoroughly analyzing all the evidence, including Dr. Kunynetz's testimony, Justice De Sa was not convinced either complainant was touched for a non-medical purpose,” said Humphrey.
Last year, Kunynetz endured a penalty hearing by the discipline committee of the College of Physicians and Surgeons of Ontario. On March 21, 2017, the committee determined that Kunynetz had committed acts of professional misconduct when he engaged in the sexual abuse of four patients and disgraceful, dishonourable or unprofessional conduct. They also determined he had contravened a term, condition or limitation on his certificate of registration.
On Feb. 20, the committee ordered that Kunynetz's licence to practise be revoked. He was also ordered to reimburse the college for funding provided to the patients in the amount of $16,060, as well as paying the college $145,460 directly.
He has not practised medicine since his licence was suspended in September 2015.
Kunynetz will be facing another hearing with the college, as more than 30 new patients have come forward with more allegations of sexual misconduct.
The patients ranged in when they visited Kunynetz, the earliest alleging to have seen him starting in 1985. Their identities are also under a publication ban.
The college hearing dates have not yet been determined.
Kunynetz also has another criminal case pending against him. Although initially charged with 28 counts of sexual assault and gross indecency, all but one charge of sexual assault against a new complainant were withdrawn in April. The complainant's identity in that case is also under a publication ban. That case goes to trial on Dec. 10.
