Eli D. Mogil

The applicant filed a human rights application alleging discrimination and reprisal by the Ontario College of Teachers and several individuals.

The respondents requested a summary hearing to dismiss the application for having no reasonable prospect of success and for being outside the Tribunal's jurisdiction due to adjudicative immunity.

The Tribunal dismissed several allegations, including one regarding the scheduling of a meeting on a religious holiday due to delay, and others for having no reasonable prospect of success.

However, the Tribunal allowed the allegation that the applicant was discriminatorily excluded from sitting on the Discipline Committee to proceed to a full hearing.

The Tribunal deferred its decision on whether statutory privilege barred allegations regarding the College's Investigation Committee, directing a further preliminary hearing on that issue.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct and incompetence.

The member, a teacher, repeatedly failed to maintain safe conditions in his classroom, exposing students and staff to risks of harm, including a fire incident and precarious use of equipment.

Despite receiving extensive support and two unsatisfactory performance appraisals, the member demonstrated a complete inability to manage his classroom or teach the curriculum.

The Discipline Committee found the member guilty of professional misconduct and incompetence, ordering a three-month suspension, remedial coursework, monitoring conditions, and publication of the decision.

The Ontario College of Teachers brought allegations of professional misconduct against a teacher for inappropriate comments and substandard teaching practices.

The Discipline Committee found the Member guilty of professional misconduct for inaccurately recording student grades in the Mark Book system and for making inappropriate comments in front of students, including asking if a student was 'gay' and stating that a student's mother 'grilled' him and was 'animated'.

The Committee dismissed several other allegations, including failing to adequately supervise students, providing an overly-detailed exam review, and leaving an exam on his desk for students to view, citing insufficient evidence or finding that the conduct did not amount to professional misconduct.

A penalty hearing was to be scheduled at a later date.

The Ontario College of Teachers brought allegations of professional misconduct against a teacher for verbally, physically, and psychologically abusing special education students, and for creating a poisonous work environment for educational assistants.

The Discipline Committee found the teacher guilty of professional misconduct.

Although the College sought a 30-day or two-year suspension, the Committee ordered the immediate revocation of the teacher's Certificate of Qualification and Registration, finding his conduct egregious and emphasizing the need for specific deterrence, general deterrence, and public protection.

The Ontario College of Teachers brought a discipline proceeding against a member alleging professional misconduct and incompetence.

The professional misconduct allegations were withdrawn.

The member pled guilty to incompetence, admitting to receiving two unsatisfactory performance appraisals and failing to remediate deficiencies in her teaching practice despite an Improvement Plan.

The Discipline Committee accepted the guilty plea and found the member incompetent under subsection 30(3) of the Ontario College of Teachers Act.

The Committee accepted a joint submission on penalty, ordering that the member's Certificate of Qualification and Registration be subject to terms, conditions, or limitations, specifically requiring the successful completion of an Additional Qualification course covering curriculum, lesson planning, instructional strategies, and assessment.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the Member.

College Counsel determined there was insufficient evidence to support the allegations and no reasonable prospect of obtaining a finding of professional misconduct.

The Member's counsel consented.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

The Ontario College of Teachers alleged that the Member, a new teacher, was incompetent and guilty of professional misconduct after he received three unsatisfactory performance appraisals under the New Teacher Induction Program (NTIP).

The Discipline Committee found that the NTIP was improperly implemented at both of the Member's schools.

At his first school, he was not provided with timely orientation or mentorship, and was assigned an exceptionally difficult class.

At his second school, the principal's conclusions regarding his teaching performance were not supported by the evidence and were contradicted by the Member's colleagues.

The Committee concluded that the College failed to prove the allegations of incompetence or professional misconduct on a balance of probabilities, and the charges were dismissed.

The plaintiffs brought a medical negligence action against the defendant obstetrician following the birth of a child who suffered a catastrophic brain injury resulting in severe cerebral palsy.

The injury was caused by an occult cord prolapse during delivery.

The plaintiffs alleged the defendant failed to recognize risk factors, failed to obtain informed consent, and negligently proceeded with a vacuum-assisted delivery in the delivery room rather than the operating room.

The court dismissed the action, finding that the defendant met the standard of care in his assessment of risk factors, obtained valid consent, and appropriately exercised his clinical judgment in proceeding with the vacuum in response to a non-reassuring fetal heart rate.

Furthermore, the court found that the cord prolapse and resulting injury would have occurred regardless of the defendant's interventions.

The Ontario College of Teachers brought a discipline proceeding against a member who taught a Transportation Technology course.

The member admitted to professional misconduct for failing to keep accurate records of services provided on privately owned vehicles and for using school funds to purchase auto parts for his personal vehicles.

The Discipline Committee accepted the member's plea of no contest and found him guilty of professional misconduct.

The Committee ordered a reprimand, the completion of a course on professional ethics and record keeping, and publication of the decision with the member's name, emphasizing the need for general deterrence and the protection of the public interest.

The member faced allegations of professional misconduct after police found child pornography on his home computer.

Although criminal charges were stayed due to a Charter violation (delay), the member signed an agreed statement of facts and pleaded guilty to professional misconduct before the Discipline Committee.

The Committee accepted a joint submission on penalty, ordering the immediate revocation of the member's teaching certificate and publication of the decision with his name, emphasizing that possession of child pornography renders an individual unsuitable for a position of trust over children.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct.

The member admitted to engaging in boundary violations, including personal communications with a student via instant messaging, driving students in his personal vehicle, taking photographs of students against their wishes, and accessing dating and other inappropriate websites on a school board computer.

The Discipline Committee accepted the member's guilty plea and found him guilty of professional misconduct.

The Committee accepted the joint submission on penalty, ordering a reprimand, completion of a course on boundary violations, and publication of the decision with the member's name.

The Discipline Committee held a penalty hearing after finding the member guilty of professional misconduct for engaging in an inappropriate relationship with a student, including electronic communication via Facebook and using inappropriate terms of endearment.

The Committee accepted a joint submission on penalty, with the addition of a one-month suspension requested by College Counsel.

The member was ordered to receive a reprimand, serve a one-month suspension, complete a course on boundary violations, and have the findings published with his name.

The Ontario College of Teachers brought a discipline proceeding against a member alleging professional misconduct, including inappropriate testing accommodations, non-sexual boundary violations, and sexual abuse of a student.

The Discipline Committee found that the member committed professional misconduct by engaging in an inappropriate personal relationship with the student, which included electronic communication via Facebook, using inappropriate salutations, and assisting the student in obtaining birth control.

However, the Committee dismissed the allegations of inappropriate testing accommodations, finding the member's actions reasonable given the lack of an updated Individual Education Plan.

The Committee also dismissed the allegation of sexual abuse, finding the student's testimony lacked credibility due to numerous inconsistencies and potential motives to fabricate the allegation.

The member was found guilty of failing to maintain the standards of the profession and engaging in disgraceful, dishonourable, unprofessional, and unbecoming conduct.

The Member, a teacher, pleaded guilty to professional misconduct after striking a student across the face with an open hand because the student swore.

The Member had previously been found guilty of criminal assault for the same incident and received a conditional discharge.

The Discipline Committee accepted the Agreed Statement of Facts and found the Member guilty of professional misconduct.

The Committee ordered a reprimand, completion of a course on boundary issues, and publication of the decision with the Member's name, but declined to impose a suspension.

The applicants sought a declaration that their insurer owed a duty to defend them in an underlying action brought by their landlord alleging damage caused by a spill of waste oil at leased premises.

The landlord claimed clean‑up costs, repair expenses, and economic losses from delayed re‑leasing.

The insurer denied coverage relying on a pollution exclusion in the commercial liability policy.

The court held that “property damage” in the policy included physical injury to real property and that all damages claimed flowed from the spill of a pollutant.

As the pollution exclusion applied, the insurer had no duty to defend.

The Ontario College of Teachers brought a discipline application against a member following his criminal conviction for sexual exploitation of a student.

The member did not attend the hearing.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student, based on his criminal conviction and the uncontested evidence.

The Committee ordered the revocation of the member's teaching certificate and publication of the decision with his name, emphasizing the need to protect students and maintain public confidence in the profession.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.

The allegations related to the member's membership in the College of Psychologists, for which he had already been reprimanded and suspended.

The member had retired from teaching, had not taught in 30 years, and signed an undertaking never to teach again or seek reinstatement.

The Discipline Committee granted the motion, finding that the withdrawal of the allegations in exchange for the undertaking and a notation on the public register served to protect the public interest.

The Member, a teacher, faced allegations of professional misconduct for pursuing a personal and sexual relationship with a student.

The Member pleaded no contest to the uncontested facts, which included communicating with the student about personal matters, meeting alone off school property, and attempting to initiate a sexual encounter.

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

The Committee ordered the revocation of the Member's Certificate of Qualification and Registration and directed that the decision be published with the Member's name.

The appellant, Goodyear Canada Inc., appealed a motion judge's decision declining to adopt the American 'Stonewall Principle' into Ontario law.

Goodyear sought to hold its insurers liable for asbestos-related injuries occurring after 1985, when it could no longer obtain liability insurance for such risks.

The Court of Appeal dismissed the appeal, finding that the insurance policies unambiguously limited coverage to occurrences during the policy periods.

The Court held that adopting the Stonewall Principle would unfairly shift the risks of Goodyear's business decisions to the insurers, contrary to the express terms of the policies and public policy.

In a medical negligence appeal arising from the death of a pregnant hospital patient after rupture of an ascending aortic aneurysm, the court split on whether the trial judge could find the obstetrical Most Responsible Physician liable while absolving the consulting respirologist.

The majority held that the hospital's MRP policy imposed an independent duty to exercise critical judgment, coordinate care, obtain appropriate consultations, and formulate an overall plan of care, and that the obstetrician breached that duty by failing to arrange immediate cardiac assessment and transfer to a tertiary care centre.

The dissent concluded the findings against the obstetrician were irreconcilable with the unchallenged finding that the respirologist's treatment plan met the standard of care, and would have set aside liability.

The majority also upheld causation and dismissed the costs appeal.