Court overturns decision to revoke Dr. Kunynetz's medical licence
Published Wednesday, July 24, 2019 5:16PM EDT Last Updated Wednesday, July 24, 2019 7:07PM EDT
Dr. Rodion Kunynetz has won another victory in the battle to clear his name after the divisional court drops professional misconduct findings.
The Barrie dermatologist was found guilty of sexual abuse in 2017 by the College of Physicians and Surgeons of Ontario disciplinary committee after a patient claimed he touched her breasts inappropriately. The committee also found him guilty of professional misconduct for rubbing his "abdominal fat pad" or belly fat against two patients. Kunynetz lost his medical licence to practice.
The divisional court overturned that decision on Tuesday ruling that the College's analysis of the evidence related to the patient's breasts being inappropriately touched was flawed and unreliable.
The court also quashed the professional misconduct findings saying they were based on prejudice. In other words, Kunynetz was being punished for being overweight.
In a statement on Wednesday, the College of Physicians and Surgeons of Ontario wrote, "We are disappointed that the court chose to overturn our discipline tribunal's decision. However, we respect the judicial process in Ontario. As always, we will continue to fulfill our mandate of serving in the public's interest."
In an email to CTV News, Defence Lawyer Matthew Sammon says, "Dr. Kunynetz is gratified to have been 'vindicated of all of the serious allegations.'"
The divisional court also ruled that Kunynetz will not have to pay any costs of the hearing held before the College. The panel went on to say that the doctor's family should "be able to see a light at the end of the tunnel."
His medical licence will be reinstated.