Judge rules doctor sexually assaulted colleague in 1999

Sarnia MD, who continues in his practice, ordered by civil court to pay victim $200K

A Sarnia physician who was found by a civil court to have pinned down a fellow doctor in her home and sexually assaulted her has continued to practise medicine “without consequence,” a judge said.

Dr. Syed Nasir Ali was ordered in April by Superior Court Justice Johanne Morissette to pay Dr. B $200,000 in damages for the 1999 incident.

Ali was never criminally charged for the assault. (Dr. B did report the incident to police.) Ali’s profile on the public register of the College of Physicians and Surgeons of Ontario shows no discipline history or restrictions on his licence.

“The fact is that Dr. Ali has not had to atone for his actions since 1999,” Morissette wrote. “He has continued to practise medicine and live in Sarnia without consequence for the sexual assault he committed on (Dr. B).”

A civil case carries a lower burden of proof than criminal cases, which require proof beyond a reasonable doubt. In civil court, it must be proven that it was more likely than not that the alleged incident occurred.

Ali’s lawyer, Nina Perfetto, declined to comment to the Star as Ali intends to appeal the ruling.

The Star is not naming Dr. B as it does not identify victims of sexual assault without their consent.

“In reaction to the verdict, I felt an extreme sense of relief as I had suffered humiliation for 17 years,” Dr. B told the Star in an emailed statement.

“I believe that Dr. Ali’s conduct should result in serious professional consequences. I hope that the College of Physicians and Surgeons deals with this situation appropriately.”

The college has the power to discipline physicians for conduct that took place in their private life, and Dr. B’s case highlights the lack of information shared publicly by the medical regulator regarding its investigations.

A college spokesperson said she could not confirm or deny that Ali is in fact being investigated.

“Certainly I would expect in the face of a decision like this that the college would want to launch their own independent investigation,” said medical malpractice lawyer Paul Harte, who was not involved in the case.

“In my view, the college should indicate whether they are in fact investigating the civil findings. Such a statement would reassure the public and it would create little or no prejudice to the doctor (Ali) given the public finding of the civil court.”

Ali and Dr. B first met in the early 1990s when they were both married with young children, court heard. Dr. B said they would speak regularly as they shared much in common.

“I felt an extreme sense of relief as I had suffered humiliation for 17 years.” DR. B VICTIM REACTS TO RULING

Ali testified that the two had had an extramarital affair that began around 1992, which included sex in his car, in a park — “he remembered that the leaves were changing colour,” Morissette wrote — and at North York General Hospital.

Dr. B denied the affair and Ali’s testimony on that point carried no weight in the judge’s findings. Morissette noted that an affair was never mentioned in any of Ali’s statements of defence.

“Dr. Ali’s explanation for the change in evidence was that he was hopeful that the matter would resolve itself without public disclosure and was concerned that he and (Dr. B) could be victims of honour killings” by their families if the information came out, Morissette wrote.

Ali and Dr. B presented two very different versions of the 1999 incident while in court. The judge ultimately sided with Dr. B.

She testified that Ali came over to her home under the pretense of an “urgent matter,” and then proceeded to remove his shoes and shirt at her door, telling her “that he was hot.” It turned out he wanted her to help complete a life insurance form for the renewal of his office lease, court heard.

At one point, while Dr. B was bent down in her den plugging in the air conditioning, Ali came into the doorway naked. He then tripped her and lowered her onto a rug. While she pleaded for him to stop, he penetrated her and then ejaculated on the carpet, Dr. B testified.

He then put his clothes back on and asked for a ride back to the hospital, to which Dr. B agreed.

In Ali’s version of events, he was the one who received the call from Dr. B to come to her home so she could help him with the insurance form. He testified that she was examining his abdomen, as part of a physical examination for the form. He testified Dr. B said to him “I want you now,” but he got up and left the house.

(Dr. B denied performing an exam, saying she had no medical equipment at her home.)

The rug would prove to be an important piece of evidence. Ali denied at trial that he had any contact with it. But in 2001, Dr. B had the rug tested, which confirmed the presence of semen. She then had a friend take a ceramic mug which Ali had been using at a department meeting.

Court heard that the DNA on the rug was a match to the DNA on the mug. Ali continued to deny ejaculating on the rug, but refused to provide a DNA sample.

The judge concluded that on a balance of probabilities, the sexual assault occurred. She found Dr. B’s evidence of the assault over the last 15 years to be consistent, and was corroborated by several friends and colleagues to whom she confided following the incident.

She also found that Ali’s evidence was undermined by the failure to disclose an alleged affair until the eve of the trial.

“(Dr. B) testified that she was in shock, horrified and humiliated by the assaultive conduct of a person she considered to be a friend and work colleague,” Morissette wrote.

“She testified that she felt violated. Her pride and dignity . . . were attacked. She felt like he treated her like a prostitute in her own home.”