Eli D. Mogil

The Member pleaded guilty to professional misconduct for making inappropriate comments to students about her recently-deceased principal committing suicide and her own prior experiences with attempted suicide.

The comments caused distress to students.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand and requiring the Member to complete a course on professional communication and boundary issues.

The Member, a teacher, pled guilty to professional misconduct for failing to maintain appropriate boundaries with two students.

He sent inappropriate private Facebook messages to one student and engaged in an inappropriate relationship with another, which included electronic communications, inviting her to his home, and encouraging her to deny the relationship during a school investigation.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand and requiring the Member to complete a course on appropriate boundaries and boundary violations before resuming any teaching position.

This endorsement addresses costs following the dismissal of a medical negligence claim.

The plaintiffs, who were unsuccessful at trial, argued against a costs award due to their elderly age, poor health, and lack of assets.

The defendants, Bolton Medical Imaging Centres and Dr. K. Schneider, sought partial indemnity costs.

The court affirmed the general rule that costs follow the event, finding no exceptional circumstances to depart from this principle.

While acknowledging the plaintiffs' right to pursue the action, the court held they must bear the adverse costs consequences.

The court fixed the defendants' costs on a partial indemnity basis, reducing the amounts claimed by both defendants due to excessive hours for certain steps, particularly for Dr. Schneider's counsel.

The Ontario College of Teachers brought a discipline proceeding against a teacher for allegedly dismissing students early, allowing an unauthorized female visitor into the school during school hours, and engaging in sexual activity with the visitor in his school office.

The Discipline Committee found the teacher guilty of professional misconduct.

While the early dismissal of students was found not to constitute misconduct in the circumstances, the Committee accepted the evidence of the school principal and a custodian, corroborated by security footage, that the teacher violated the school's visitor policy and engaged in sexual intercourse on school property.

The Committee drew an adverse inference against the teacher for failing to call the visitor as a witness and concluded his actions breached the standards of the profession, the Education Act, and constituted disgraceful, dishonourable, and unbecoming conduct.

The plaintiff sued an imaging clinic and a radiologist for medical negligence, alleging a failure to diagnose breast cancer from mammograms and ultrasounds conducted in 2008 and 2009.

The court found no evidence that the clinic's imaging fell below the standard of care, noting that the plaintiff's dense breast tissue made imaging difficult but diagnostic.

The court also dismissed the claim against the radiologist, finding that his interpretation of the imaging was a reasonable exercise of clinical judgment and that he could not be judged retrospectively with the benefit of hindsight.

The action was dismissed.

The member pleaded no contest to allegations of professional misconduct, including keeping marijuana cigarettes in his van parked on school property where students accessed them, and failing to maintain appropriate boundaries by making inappropriate sexual remarks and touching a student.

The Discipline Committee found the member guilty of professional misconduct and accepted a joint submission on penalty.

The member was ordered to receive a reprimand, serve a 12-month suspension of his teaching certificate, and complete coursework on appropriate boundaries and professional ethics.

The Discipline Committee of the Ontario College of Teachers held a penalty hearing for a retired member previously found guilty of professional misconduct for making inappropriate comments with a sexual undertone to a female student.

The Committee accepted a joint submission on penalty, ordering a reprimand, a six-month suspension of the member's certificate, and the completion of a pre-approved course on maintaining professional boundaries.

The Member, facing allegations of professional misconduct including physical and psychological abuse of a child, brought a motion for the production of third-party records under the O'Connor framework.

The requested records included medical files of the complainant and the child, employment records, and investigative files from the Children's Aid Society and police.

The Discipline Committee denied the request for the medical records, finding them not likely relevant and noting the high privacy interests involved.

The Committee also denied further employment records.

However, the Committee ordered the production of the CAS and police investigative files, subject to redactions for contact information, finding them relevant to the investigation of the incident at issue.

The Discipline Committee of the Ontario College of Teachers found the member guilty of professional misconduct under multiple subsections of Ontario Regulation 437/97.

The member did not attend the hearing.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration and directed that the member receive a written reprimand to be recorded on the Register.

The Member pleaded guilty to professional misconduct following criminal convictions in British Columbia for criminal harassment and unlawfully entering a dwelling-house.

The Member had previously received a custodial sentence and probation, and his teaching certificate in British Columbia was cancelled.

The Discipline Committee accepted the agreed statement of facts and joint submission on penalty, finding the Member guilty of professional misconduct.

The Committee ordered the immediate revocation of the Member's certificate of qualification and registration, emphasizing the need for denunciation, general deterrence, and public protection.

The Member, a teacher, pleaded guilty to professional misconduct for failing to maintain the standards of the profession and engaging in conduct unbecoming a member.

The misconduct arose from her handling of a cancelled Grade 8 school trip, including failing to communicate with parents and school administration, and refusing to meet with parents or provide necessary records.

The Discipline Committee accepted the agreed statement of facts and joint submission on penalty, ordering a written reprimand and mandatory publication of the decision with the Member's name.

The Ontario College of Teachers brought allegations of professional misconduct against the Member, a high school teacher, for making inappropriate comments with a sexual undertone to a vulnerable female student.

The Discipline Committee found the student's evidence credible and rejected the Member's explanations as inconsistent and implausible.

The Committee concluded that the Member's conduct constituted verbal, psychological, and emotional abuse, and was disgraceful, dishonourable, and unprofessional.

The Member was found guilty of professional misconduct.

The Ontario College of Teachers brought a discipline proceeding against the member.

The member did not attend the hearing.

Based on an Agreed Statement of Facts and Guilty Plea, the Discipline Committee found the member committed professional misconduct.

The Committee accepted a joint submission on penalty, ordering the immediate revocation of the member's certificate of qualification and registration, and directing publication of the decision.

The Member pleaded guilty to professional misconduct for teaching a long-term occasional assignment while his teaching certificate was suspended by a previous order of the Discipline Committee.

The Member failed to notify his employer of the suspension.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a five-month suspension of the Member's certificate, and publication of the decision with the Member's name.

The Member, a teacher, pleaded guilty to professional misconduct after an incident where he prevented a student from leaving the classroom, raised his hand, and yelled at the student, causing the student to cry and run away.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, completion of coursework on anger and classroom management, and publication of the decision.

The applicant, a teacher, filed a human rights application alleging discrimination and reprisal by the Ontario College of Teachers spanning an 11-year period.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal dismissed all allegations relating to incidents prior to 2014 as untimely, finding they did not form a series of incidents with later events.

The remaining allegations concerning a 2014 reprimand were dismissed as having no reasonable prospect of success, primarily because the content of the reprimand was inadmissible in civil proceedings under section 48(3) of the Ontario College of Teachers Act.

The Member, a teacher, faced allegations of professional misconduct for engaging in inappropriate physical contact with students, using vulgar and sexual language, and contacting students to influence a school board investigation.

The Member pleaded guilty and admitted to the facts.

The Discipline Committee found the Member guilty of professional misconduct, noting a prior disciplinary history for similar conduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a three-month suspension of the Member's teaching certificate, and mandatory coursework on classroom management and boundary issues.

A teacher faced allegations of professional misconduct, including sexual abuse and inappropriate electronic communications with a student.

The student had left romantic notes for the teacher, who responded by calling her cellphone to tell her to stop.

The student and two peers alleged the teacher made sexual remarks during the call.

The Discipline Committee majority found the students' evidence lacked credibility due to inconsistencies, improbabilities, and collaboration on their statements.

The teacher's evidence was found credible and consistent.

The allegations were dismissed.

A dissenting member would have found the teacher guilty of professional misconduct for failing to maintain professional boundaries.

Two teachers appealed a finding of professional misconduct by the Discipline Committee of the Ontario College of Teachers.

The Committee had found them guilty for failing to 'immediately' notify the parents of a 16-year-old student who reported being sexually assaulted by other students during a school trip to Boston.

The Divisional Court quashed the Committee's decision, finding it unreasonable.

The Court held that the Committee erred by failing to identify any professional standard, misapprehending the law on standard of care and in loco parentis, improperly taking judicial notice of a 'notorious' standard, ignoring the student's rights, and failing to consider the teachers' good faith exercise of professional judgment in a complex situation.

The Ontario College of Teachers brought discipline proceedings against a teacher for making inappropriate comments to students, grabbing a student by her coat, and initiating inappropriate electronic communications with a student via Facebook.

The Discipline Committee found the member guilty of professional misconduct, noting his behaviour was verbally, physically, and emotionally abusive, and fell below professional standards.

The member, who did not attend the hearing, was ordered to receive a reprimand, serve a three-month suspension, complete anger and classroom management courses, and have the decision published.