Final witness called in Sarnia dentist’s discipline hearing

On the heels of witnesses recalling a staff party ending in violence and the defender himself admitting to having an affair with a woman who later became his patient, the final person called to the stand amid a discipline hearing for a Sarnia dentist was relatively low-key.

Kevin Bacchus, a 51-year-old second-generation dentist who practiced in Sarnia and Wallaceburg, is facing 18 claims levied by the Royal College of Dental Surgeons of Ontario’s discipline committee including two counts of sexual abuse of a patient. Patients cannot give sexual consent to health professionals under provincial legislation making any sort of sexual contact or a relationship abuse.

Bacchus has pleaded not guilty to all of the college’s charges, stemming from five separate investigations during the past three years, while also planning his appeal for an unrelated criminal conviction for aggravated assault, where he faces up to three years in prison. The discipline committee has been hearing all five investigations at once in a lengthy session that’s featured dozens of witnesses stretched across several months.

Lennie Slipacoff, a Sarnia dentist, was the final witness called by Bacchus’s lawyer, Jasmine Ghosn. Slipacoff, who bought a Sarnia practice 20 years ago from Bacchus amid his father’s declining health, recalled having some issues with records the first year after the deal, but the pair worked together to rectify the issues.

Slipacoff also was asked if he knew or employed three different women, patients, staff or witnesses tied to Bacchus’s hearing. Their names and identities are protected by publication bans. Slipacoff said he didn’t know one, worked with another for a couple of years, and employed the third for about two decades.

Then, Ghosn asked Slipacoff if he’s ever talked to anyone about Bacchus.

“I’ve always made it a policy never to discuss other dentists or colleagues in a negative way in my office,” he responded. “I know I’ve never talked to (anyone) about Dr. Kevin Bacchus in a negative way.”

The college prosecutors chose not to cross-examine Slipacoff. They also elected not to call any witnesses in reply after Ghosn confirmed Slipacoff was her final witness.

Now, the lawyers have been tasked with putting their submissions in writing ahead of two days of oral arguments in late May. A statutory declaration of a witness who did not participate in the hearing and an agreed statement of facts linked to one of the five investigations also was filed, but not read out loud.

If a dentist is found guilty of allegations by the discipline committee, penalties can include remediation, restrictions, suspensions, revoking licenses, fines up to $35,000, or any combination of those punishments.

Bacchus was found guilty in 2013 on seven college charges and was fined $5,000, suspended six months, reprimanded, had to take courses and had his practice monitored for two years. He still has his license while the latest allegations are outstanding and, despite recently selling his practices, wants to continue practicing part-time.

Bacchus was criminally charged in October 2019 with aggravated assault and assault with a weapon after he was accused of stabbing a man – a former patient – ​​in front of his home amid allegations of infidelity. He was convicted of both charges in September following a five-day trial and is expected to be sentenced next week only for aggravated assault, as the second charge was stayed.

The Crown has asked for three years in prison for the attack, which involved bear spray, while Bacchus’s lawyer pushed for a suspended sentence and probation. Superior Court Justice Russell Raikes, who found Bacchus guilty, will come back with his decision soon.

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THE COLLEGE’S ALLEGATIONS

The college’s 18 allegations, arising from five separate investigations, include:

• Four counts of disgraceful, dishonourable, unprofessional or unethical conduct
• Two counts of sexual abuse of a patient
• Two counts of signing a certificate, report or similar document that contained a false, misleading or improper statement
• Two counts of submitting a false or misleading account or charge
• Two counts of abuse of a patient
• Charging excessive or unreasonable fees
• Contravening a standard of practice or failing to maintain the standards of practice of the profession
• Failing to keep records as required by the regulations
• Prescribing, dispensing or selling a drug for an improper purpose, or inappropriately using authority to prescribe
• Recommending or providing unnecessary dental service
• Treatment without consent