Eli D. Mogil

The Member, an elementary occasional teacher, pleaded guilty to professional misconduct following a criminal conviction for internet luring of a minor.

Between November 2007 and May 2009, the Member communicated in a sexually explicit manner with a student via the internet, encouraging sexual acts and attempting to arrange meetings for a sexual relationship.

The Discipline Committee found the Member guilty of professional misconduct, revoked his Certificate of Qualification and Registration, and ordered publication of the decision with his name, emphasizing the need for specific and general deterrence.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct, including sexual abuse of a student, against the Member.

The parties agreed that a finding of professional misconduct was unlikely if the matter proceeded to a hearing.

The Discipline Committee granted the motion in exchange for the Member's undertaking to immediately resign, surrender her certificate, and never teach again in any public or private school in Ontario.

The Member, a teacher, pled no contest to allegations of professional misconduct stemming from a sexual relationship with a student.

The Member had previously been convicted of sexual exploitation under the Criminal Code and sentenced to 12 months' imprisonment.

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

The Committee ordered the immediate revocation of the Member's teaching certificate.

The Committee also ordered the publication of the decision with the Member's name, finding that the criminal publication ban protected the student's identity but did not extend to prohibiting the publication of the Member's name.

The Member, a teacher, received two consecutive unsatisfactory performance appraisals due to deficiencies in responding to special needs students, diagnosing learning difficulties, and establishing an environment to maximize student learning.

The Member resigned and subsequently pled no contest to allegations of incompetence.

The Discipline Committee found the Member incompetent and, accepting a joint submission, ordered terms, conditions, and limitations on her certificate, including a requirement to complete sensitivity and awareness training focused on special needs students.

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

The College advised that medical information had been received, making a referral to the Fitness to Practise Committee more appropriate.

With the consent of the parties, the Discipline Committee granted the motion and authorized the withdrawal of the Notice of Hearing.

Following a complex motion regarding insurance coverage for asbestos claims where the plaintiff was unsuccessful, the successful defendant insurers sought their costs.

The plaintiff argued for a reduction based on divided success on factual issues and refusal to admit facts.

The court rejected the plaintiff's arguments, finding the defendants were the clear winners and their refusal to admit facts was not unreasonable.

The court awarded partial indemnity costs to the defendants, making some reductions to specific bills for duplication of effort among multiple counsel, totaling approximately $546,887.

The Member, a teacher, pleaded no contest to allegations of professional misconduct arising from an incident where she grabbed a student's sweatshirt, caused another student to fall by placing her hand on his shoulder, and used profanity.

The Discipline Committee accepted the plea and found her guilty of professional misconduct, including physical and verbal abuse.

Accepting a joint submission on penalty, the Committee ordered a reprimand, completion of a course on boundaries and anger management, and publication of the decision without the Member's name.

The plaintiffs brought a medical malpractice action alleging negligence and lack of informed consent arising from cosmetic breast augmentation and tummy tuck surgery.

The court excluded the plaintiffs’ expert evidence because the expert lacked familiarity with the Ontario standard of care, leaving no admissible evidence on the negligence claim.

The court therefore dismissed the standard of care allegations but proceeded on the issue of informed consent.

Considering the patient’s limited English proficiency, education, and the circumstances surrounding the consultations and consent forms, the court found that the physician failed to ensure the patient understood the material risks and consequences of the procedures.

The court held that a reasonable person in the patient’s circumstances would not have proceeded had adequate disclosure been made, and awarded damages.

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

The College provided evidence that the member had passed away.

The Discipline Committee granted the motion and authorized the withdrawal of the allegations.

The Ontario College of Teachers alleged that an occasional teacher committed professional misconduct by physically abusing two students in a computer lab.

The Discipline Committee dismissed the allegations, finding that the College failed to prove the allegations on a balance of probabilities.

The Committee noted significant inconsistencies in the students' evidence and found the investigations conducted by the school administration and the Children's Aid Society to be flawed and heavily reliant on hearsay.

The Member's testimony denying the allegations was found to be clear, cogent, and consistent.

Following the refusal of an interlocutory injunction sought by the landlord applicants to compel a hotel operator to continue operating a hotel under a particular brand, the court determined the issue of costs.

The applicants argued that an indemnity clause in a lease entitled them to full indemnity costs from a former tenant alleged to have breached the lease.

The court held that the indemnity clause did not permit the landlord to recover litigation costs from a prior tenant where the present tenant supported the motion and where the lease’s procedures regarding a change of operating name had not been followed.

Even if the clause applied, the court would decline to exercise its discretion to award costs to the applicants.

Costs were awarded instead to the successful respondent hotel operator.

The plaintiff brought a medical negligence action alleging a wrongful hysterectomy performed during a scheduled myomectomy procedure.

The physician converted the surgery intra-operatively to a hysterectomy after discovering adenomyosis, asserting that the patient had been informed of and accepted the risk.

The court found the physician failed to disclose the possibility of a non-emergency hysterectomy performed solely to relieve pain and bleeding symptoms, and that the patient had not consented to such a procedure.

Applying the informed consent test from Reibl v Hughes and Arndt v Smith, the court held that a reasonable person in the patient’s circumstances—who strongly desired pregnancy and had an upcoming fertility consultation—would not have accepted the risk.

Liability was established and the court awarded $75,000 in general damages for loss of reproductive capacity and related psychological harm.

Following a lengthy medical malpractice trial, the court had found one physician negligent and liable while two co-defendants were not found liable.

The parties had previously agreed that damages would be fixed at $430,000 inclusive of interest if liability were established.

The successful plaintiffs sought costs exceeding $529,000 including substantial indemnity fees and disbursements.

The court considered the complexity of medical negligence litigation, the reasonable expectations of the parties, the absence of a formal Rule 49 offer to settle, and the fact that the plaintiffs succeeded against only one of three defendants.

Applying the principle of proportionality and overall reasonableness, the court reduced the requested amount and fixed costs at $400,000 inclusive of disbursements and exclusive of taxes.

The applicants sought an interlocutory injunction compelling a hotel operator to continue managing and branding a hotel under a particular brand pending determination of a permanent injunction application.

They argued the lease required continued operation of the hotel using the brand and associated operational infrastructure despite expiry of the hotel management agreement.

The court applied the RJR‑MacDonald test and held that the lease provisions did not clearly impose an obligation requiring the operator to continue providing the full operational benefits of the brand.

The alleged harm, primarily reduced participation rent and potential reputational impacts, was found to be quantifiable and compensable in damages.

The balance of convenience favoured the operator, which would otherwise be compelled to operate a business relationship it no longer wished to maintain.

The Member, a teacher, pleaded no contest to professional misconduct after engaging in an unprofessional confrontation with a student in the school office in the presence of others.

The Discipline Committee accepted the joint submission on penalty, ordering the Member to be counselled, complete an anger management course, and directing publication of the decision without the Member's name, noting his long, successful career and the isolated nature of the incident.

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

The College withdrew the professional misconduct allegations, and the Member pleaded no contest to the allegation of incompetence.

The Member's performance had been assessed as unsatisfactory in multiple areas, including classroom management, lesson planning, and assessment practices, and he failed to remediate these deficiencies despite additional supports.

The Discipline Committee found the Member incompetent under subsection 30(3) of the Ontario College of Teachers Act, 1996.

The Committee accepted a joint submission on penalty, ordering that terms, conditions, and limitations be placed on the Member's Certificate, requiring him to successfully complete an approved Additional Qualification course before returning to teaching.

The member, a secondary school teacher, pleaded no contest to allegations of professional misconduct involving inappropriate relationships and sexual abuse of four male students over a four-year period.

The Discipline Committee accepted the uncontested facts and found the member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the member's teaching certificate.

Despite the member's request for anonymity, the Committee ordered the publication of the decision with the member's name, citing the egregious nature of the conduct, the serial pattern of abuse, and the need for general deterrence and transparency.

The Ontario College of Teachers brought disciplinary proceedings against a member who had been convicted of multiple criminal offences, including sexual assault, sexual interference, and making child pornography involving a minor.

The member did not attend the hearing but submitted a plea of no contest and an agreed statement of facts.

The Discipline Committee found the member guilty of professional misconduct, noting his actions constituted a severe breach of trust and an abuse of his position of authority.

The Committee ordered the immediate revocation of the member's teaching certificate and directed the publication of the decision.

The Ontario College of Teachers brought disciplinary proceedings against a member for failing to display appropriate sensitivity to a special needs student.

The member pleaded no contest to allegations of professional misconduct, including verbal abuse, taking away occupational therapy devices, and distributing non-peanut-safe treats despite the student's severe allergy.

The Discipline Committee accepted the joint submission on penalty, ordering the member to be counselled, complete a course on professional boundaries and student sensitivities, and directing publication of the decision without the member's name.

The Ontario College of Teachers brought disciplinary proceedings against a member who engaged in a sexual relationship with a student and subsequently breached bail conditions prohibiting contact with her.

The member had previously pled guilty to criminal charges of sexual exploitation and breach of recognizance.

The member did not attend the discipline hearing but submitted a plea of no contest and an agreed statement of facts.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student.

Accepting a joint submission on penalty, the Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration and directed publication of the decision.