All criminal charges have been dropped against former Barrie dermatologist Rodion Kunynetz.
While the details of the charges, which were dropped Friday in court, are under a publication ban, they involved an incident between Kunynetz and a patient in 1985.
“The defence applied for and obtained additional medical records relating to medical appointments the complainant had back at the time of the alleged offence. As a result of those records being produced, the Crown further reviewed the case and concluded that there is no reasonable prospect of conviction,” said Kunynetz’s defence attorney David Humphrey, when reached for comment on Tuesday.
Kunynetz was also found not guilty of two counts of sexual assault in April after Justice Christopher De Sa stated in his ruling at the time there were questions about the reliability of the evidence.
Humphrey spoke on behalf of Kunynetz after that verdict was delivered back in April.
“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,” he said.
Kunynetz is now turning his attention to challenging a finding by the discipline committee of the College of Physicians and Surgeons of Ontario to revoke his licence to practise.
While Kunynetz was facing another hearing with the college in June as more than 30 new patients have come forward with more allegations of sexual misconduct, that hearing has been adjourned pending the outcome of Kunynetz’s appeal.
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 one patient and disgraceful, dishonourable or unprofessional conduct in regards to three more patients. They also determined he had contravened a term, condition or limitation on his certificate of registration.
"The Discipline Committee ultimately dismissed most of the allegations of sexual abuse against Dr. Kunynetz, but made one finding of abuse on the basis that Dr. Kunynetz inappropriately touched a patient’s breasts during a skin examination in August 2008," says Ian MacLeod, Kunynetz's lawyer in the college appeal matter. "In April 2018, Justice De Sa acquitted Dr. Kunynetz of a criminal charge of sexual assault based on the same allegation."
"Dr. Kunynetz is appealing the Discipline Committee’s order, including the one finding of sexual abuse. In his appeal, Dr. Kunynetz alleges that the proceeding before the Discipline Committee was an abuse of process, since there was inordinate delay and the same breast-touching complaint was resolved by the college in early 2009," continued MacLeod. "Dr. Kunynetz also alleges that the reasons for decision of the Discipline Committee contain significant errors and omissions, and that the penalty imposed by the Discipline Committee was inappropriate."
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.
The appeal is scheduled for mid-January in Divisional Court.
