Patient at centre of ex-London, Ont., dentist’s misconduct case files $2.15M suit alleging abuse

WARNING: This story references actions deemed as sexual abuse by the dental profession’s regulatory college.

A former London, Ont. dentist whose licence was revoked last month for having sexual interactions with a female patient is being sued by her for $2.15 million on allegations of sexual assault and medical malpractice.

The lawsuit, filed in November 2022 in the Ontario Superior Court of Justice in Toronto, names Brock Rondeau and his dentistry corporation as defendants and the plaintiff is referred to as “Jane Doe.” 

The lawsuit seeks $750,000 in general damages for pain and suffering, $150,000 in aggravated damages, $1 million in special damages, and $250,000 in punitive and exemplary damages.

The statement of claim alleges Rondeau used his position of trust and power to “access her sexually, while knowing that she had a brain injury, was in pain,” and that sexual contact with her as a patient constituted sexual abuse under provincial law.

Rondeau had sex with her against her will, subjected her to verbal and sexual abuse, and threatened to pull treatment if she reported him, according to the claim. It also alleges Rondeau and/or his business are liable for burns she suffered during a procedure for which she never provided informed consent.

Statements of claim contain allegations not proven in court and Rondeau is not facing criminal charges. He has denied the allegations in a separate statement of defence.

The plaintiff’s lawyer, Joanna Birenbaum, declined to comment.

Rondeau’s lawyer, Matthew Gourlay, also declined to comment, but confirmed the plaintiff is the same patient in the case before the Royal College of Dental Surgeons of Ontario (RCDSO) last month that involved his client.

On July 15, the college stripped Rondeau of his certificate of registration and fined him after he admitted to a sexual relationship with a patient. Under the Regulated Health Professions Act, physical sexual relations between a patient and practitioner are considered sexual abuse.

The plaintiff was referred to Rondeau in 2018 through the Workplace Safety and Insurance Board (WSIB) after two head injuries left her with a cognitive impairment, the claim says.

Rondeau, registered with the RCDSO since 1966, specialized in orthodontic, orthopedic, and temporomandibular joint, or TMJ, disorders and practised out of a northeast London clinic.

Lawsuit gets into the medical treatment

The lawsuit alleges “poor dental services” by the defendants to fix the position of her jaw caused her teeth to shift, requiring braces. While working on the braces in October 2020, a dental assistant spilled an acidic product, severely burning her, it alleges.

The plaintiff claims she hadn’t given informed consent and was discouraged by Rondeau from reporting the incident. Further, Rondeau knew the employee had been making mistakes and was not competent, the claim alleges.

Rondeau and/or his business are liable for medical malpractice, professional negligence, breach of fiduciary duty, breach of contract, among other liabilities, according to the claim.

It alleges Rondeau began calling the plaintiff, during which he would “check in” on her. During one call, he asked the plaintiff to dinner and was rebuffed, but continued to call and pressure her. She accepted, worried saying no would jeopardize her care, funded through WSIB, the claim alleges.

The two met for dinner three times between November and December 2020, and after one dinner, Rondeau tried to kiss her in her home, according to the claim, adding Rondeau apologized and left.

During a January 2021 call, he suggested she join him on a trip to Collingwood, a request she wanted to refuse but felt she had no choice but to accept, the claim alleges. Rondeau entered her room as she slept, “pounced” on the bed and tried to wrestle her. After telling him to stop, he refused and proceeded to have sex with her against her will, the claim alleges.

The plaintiff, the claim says, has suffered damages and losses including mental anguish, physical, emotional and mental pain, feelings of shame, anger, guilt and worthlessness, and a loss of trust in health-care professionals.

The claim says initial sexual contact by Rondeau and subsequent sexual interactions were without consent, and no consent was possible due to the “power dependency relationship” and the prohibition of sexual contact between them.

It also alleges Rondeau told her that if she reported him, she wouldn’t get treatment for her jaw and claims he told her something to the effect of, “If you ever decide to report me, I’ll be retired well before the dental college gets to me.”

Dentist denies forcing himself on plaintiff

In the statement of defence, Rondeau denied a vast majority of the allegations, including for sexual assault and battery, threatening to pull treatment and intimating that treatment hinged on a sexual relationship.

The defence document, filed in March 2023, asks that her lawsuit be dismissed with costs. Like statements of claim, statements of defence contain unproven allegations.

The plaintiff had “eagerly and willingly participated” in a consensual relationship, which began in January 2021 and ended in May 2022, six months after Rondeau last treated her as a patient, it says. 

The defence statement says Rondeau admits to calling the plaintiff periodically starting in November 2020 and having asked her to go to dinner, but denies allegation he tried to kiss her.

He also admitted, as he did during the RCDSO hearing, that sex with a patient is deemed to be abuse under the Regulated Health Professions Act, but denied they had sexual intercourse.

While the plaintiff joined him to Collingwood, Rondeau denied sexually assaulting her.

The defence document says Rondeau was not capable of overpowering the plaintiff.

It describes the former dentist as a “physically weak octogenarian” and the plaintiff as a “physically fit” woman who was 20 years his junior. His erectile dysfunction also made it “physically impossible” for intercourse, it says.

It also argues the plaintiff had “frequently flirted” with him in front of others, showing “nothing but interest and attraction.”

To her claims of medical malpractice, all treatment was performed with care and competence by a registered dental hygienist and with informed consent, the defence statement says. Rondeau and the clinic aren’t vicariously liable for any alleged act or omission on the part of the staff member, it adds.

It also denies the plaintiff suffered any injuries, losses or damages as claimed, and that if she had, they weren’t because of Rondeau or the clinic. It says the damages sought are excessive, and alleges the plaintiff suddenly moved during the procedure and didn’t continue recommended treatment.

According to the defence statement, they broke up in May 2022 as plans for a house purchase in Costa Rica fell apart after Rondeau chose to focus on his health.

“The plaintiff took umbrage with the defendant’s concerns about his health impeding her pursuit of a vacation home,” it reads.

Two months later, the document says, Rondeau wrote WSIB in favour of her continuing to receive benefits.

No future court date has been set in the lawsuit.

Support is available for anyone who has experienced sexual assault and violence.

You can access crisis lines and local support services through this government of Canada website (https://bit.ly/3D1rUmb) or the Ending Violence Association of Canada database (https://bit.ly/3ilpp67).

If you’re in immediate danger or fear for your safety or that of others around you, please call 911.