Eli D. Mogil

The member requested an adjournment of the continuation of his discipline hearing due to personal medical circumstances.

The College did not oppose the request but sought terms.

The Discipline Committee granted the adjournment subject to terms requiring the member to obtain medical records, complete bloodwork, and participate in a case conference to schedule the continuation of the hearing.

The appellant, Maxine Donna McLean, appealed the dismissal of her negligence action against Dr. Nikolaj Wolfson.

The action was dismissed by the motion judge due to Dr. McLean's repeated failure to produce medical records (a "recent X-ray" and related diagnoses) as requested and ordered, which were referenced in her Statement of Claim.

The Court of Appeal found that the motion judge properly exercised discretion in dismissing the action, given the ample time provided and lack of reasonable explanation for non-compliance.

The Court also declined to admit fresh evidence on appeal, as it did not correct the deficiencies and was not timely.

The Court of Appeal heard a motion to review a single motion judge's order that dismissed requests to expedite an appeal and waive the requirement to file a formal liability order.

The panel upheld the motion judge's decision not to expedite the appeal, finding no error in principle or misapprehension of evidence.

However, the panel varied the order to relieve the moving parties from the obligation of filing a formal liability order to perfect their appeal, noting that the liability order was a final order.

The motion was otherwise dismissed, and costs were fixed to be awarded to the successful party on the appeal.

The Ontario College of Teachers brought a discipline proceeding against a member for alleged physical abuse and inappropriate physical contact with two students in separate incidents.

The Discipline Committee found that the member inappropriately grabbed one student and kicked another student who were misbehaving in class.

The Committee rejected the member's explanations and found that his actions constituted physical abuse, disgraceful and unprofessional conduct, and a failure to maintain the standards of the profession.

A finding of professional misconduct was entered, with penalty to be determined at a later date.

The Ontario College of Teachers brought discipline proceedings against a teacher alleging physical, verbal, and emotional abuse of students, as well as failure to supervise and implement appropriate discipline.

The allegations centered on an incident where one student hit another, and the teacher's practice of writing students' incorrect answers on the board.

The Discipline Committee found that the College failed to prove the physical and verbal abuse allegations, noting inconsistencies in student testimony and concerns about the principal's investigation.

However, the Committee found that the teacher failed to adequately supervise students by ignoring a disruptive situation that led to a physical altercation, failed to implement appropriate progressive discipline, and engaged in unprofessional conduct by using a teaching technique that embarrassed students.

The teacher was found guilty of professional misconduct.

The defendant doctors brought a motion to compel the plaintiff to produce settlement documents and a pre-trial conference brief from two prior actions (a tort action and a statutory accident benefits action).

The plaintiff refused on the basis of settlement privilege.

The defendants argued that disclosure was necessary to prevent double recovery regarding a litigation loan that was claimed as damages in all three actions.

The court granted the motion, finding that the public interest in preventing overcompensation and facilitating meaningful settlement discussions in the current action outweighed the public interest in protecting the prior settlements, distinguishing the Supreme Court's decision in Sable Offshore.

The Ontario College of Teachers brought professional misconduct allegations against the Member for engaging in an inappropriate personal and sexual relationship with a student.

The matter proceeded by way of an Agreed Statement of Facts and Guilty Plea.

The Discipline Committee found the Member guilty of professional misconduct, including sexual abuse of a student, psychological or emotional abuse, and conduct unbecoming a member.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act, 1996, the Committee ordered the immediate revocation of the Member's Certificate of Qualification and Registration and directed that she receive a written reprimand.

The respondents in the underlying application (BNY) brought a motion to adjourn a damages trial until after the disposition of their pending appeal on liability, to adduce further evidence, and to settle the form of judgment on liability.

The court had previously found BNY liable for breach of contract and ordered a viva voce trial on damages due to the complexity of the record.

The court dismissed the motion, finding that an adjournment would effectively impose a bifurcation not agreed to by the parties, contrary to Rule 6.1.01, and that the balance of convenience favoured proceeding with the damages trial to allow a single appeal on both liability and damages.

The court also declined to allow new evidence or settle the form of judgment at this stage.

The Member, a teacher, faced allegations of professional misconduct for making inappropriate comments and engaging in inappropriate physical contact with students.

The Member pleaded no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct, including verbal, physical, and psychological abuse, as well as sexual misconduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a 10-month suspension of the Member's Certificate of Qualification and Registration, and the completion of a course on professional boundaries.

The member, a teacher, pleaded no contest to allegations of professional misconduct after taking $50 from a colleague's backpack without permission.

The Discipline Committee found the member guilty of professional misconduct, noting his prior history of mishandling money and acts of dishonesty.

Accepting a joint submission on penalty, the Committee ordered a reprimand and required the member to complete a pre-approved course on ethics.

The Member, a teacher, faced allegations of professional misconduct for physically and psychologically abusing a student by placing him in a headlock following a verbal confrontation.

The Member pled no contest to the allegations and agreed to a statement of uncontested facts.

The Discipline Committee found the Member guilty of professional misconduct, noting her history of prior warnings for inappropriate physical contact with students.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a nine-month suspension of her teaching certificate, and the completion of a course on boundaries before returning to teaching.

The Member, a teacher, pleaded guilty to professional misconduct for engaging in an inappropriate personal relationship with a vulnerable student.

Over a two-month period, the Member exchanged 213 emails with the student containing highly personal and emotionally intense comments.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty of failing to maintain professional standards, psychological or emotional abuse, and disgraceful, dishonourable, or unprofessional conduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a six-month suspension of the Member's certificate, and the successful completion of a course on professional boundaries.

The applicant claimed damages of over $889 million for breach of two Data Services Agreements, alleging the respondents improperly shared market pricing data within their corporate group.

The respondents argued the agreements allowed sharing across their 'line of business' or brand.

The court found the respondents breached the agreements, as the contracts, factual matrix, and parties' conduct indicated the data was restricted to the named entities.

Defences of waiver, estoppel, and limitation periods were dismissed.

However, the court found the paper record insufficient to assess damages and directed the issue of damages to a trial.

The Member, a teacher, faced allegations of professional misconduct for verbally and psychologically abusing students, disclosing student information, and harassing a colleague.

The Member pleaded no contest to the allegations and agreed to a statement of uncontested facts.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand and required the Member to complete coursework in anger management and communication/classroom management.

Following the successful dismissal of a medical malpractice action on summary judgment due to the expiry of the limitation period, the defendants sought their costs.

The court awarded partial indemnity costs to the defendant doctor, finding the amounts claimed reasonable and proportionate.

The defendant clinic was awarded substantial indemnity costs from the date of its offer to settle, as the plaintiffs' continued opposition to the motion was unreasonable given their failure to produce an expert report.

The respondent, Sherbourne Residential, sought costs of $143,145.58 following the dismissal of the applicants' application regarding a $2 million parkland holdback.

The respondent sought substantial indemnity costs based on an offer to settle, but the court found the offer was made less than seven days before the hearing, precluding substantial indemnity under Rule 49.03.

Applying the principle of reasonableness and considering the fair expectations of the unsuccessful party, the court fixed costs at $75,000 on a partial indemnity basis.

The plaintiff, who was rendered paraplegic following spinal surgery, brought a motion to amend his statement of claim to add his former family doctor and chiropractor as defendants, and to add new allegations against the defendant surgeon.

The surgeon brought a cross-motion to dismiss the action for delay.

The court dismissed the cross-motion, finding the delay was not contumelious and caused no actual prejudice.

The court denied the plaintiff's request to add new allegations against the surgeon, ruling they were statute-barred new causes of action.

However, the court allowed the addition of the family doctor and chiropractor, finding the claims against them were not reasonably discoverable until the plaintiff's counsel obtained and reviewed the family doctor's medical chart.

The Member, a teacher, faced allegations of professional misconduct including emotional and sexual abuse of a student.

The Member engaged in an inappropriate personal relationship with a student, communicated with her via text messages, and wrote coded notes containing sexual references about students.

The Member pleaded no contest to the allegations.

The Discipline Committee found the Member guilty of professional misconduct, including sexual abuse.

Pursuant to the mandatory revocation provisions of the Ontario College of Teachers Act, the Committee ordered the immediate revocation of the Member's certificate of qualification and registration, and a written reprimand.

The applicants sold a development property to the respondent.

The agreement of purchase and sale included a $2 million holdback in escrow to cover potential increases in parkland dedication requirements by the City of Toronto.

The applicants brought an application for a declaration that the conditions for the release of the holdback had been met, arguing that the City's new Official Plan Amendment did not specifically prescribe increased parkland requirements.

The court dismissed the application, finding that the Official Plan Amendment adopted by the City was sufficient to trigger the holdback provisions under the plain meaning of the contract.

The Member, a teacher, faced allegations of professional misconduct for physically, psychologically, and sexually abusing a student with special needs.

The Member pleaded no contest to the allegations and agreed to a statement of uncontested facts, which included inappropriate touching and comments of a sexual nature.

The Discipline Committee found the Member guilty of professional misconduct, including sexual abuse.

Pursuant to the mandatory penalty provisions of the Ontario College of Teachers Act, the Committee ordered the immediate revocation of the Member's teaching certificate and a written reprimand.