Eli Mogil is an associate in our Litigation Group in Toronto. Mr. Mogil maintains a general litigation practice with particular emphasis on complex commercial and professional liability issues. Mr. Mogil has experience before juries, arbitration panels, administrative and regulatory tribunals.
Mr. Mogil's corporate and commercial litigation practice includes shareholder disputes and oppression remedies, contractual disputes, breaches of fiduciary duties, and class actions. Below is a selection of Mr. Mogil's experience in trials, hearings, and other engagements.
Mr. Mogil has a particular interest in professional liability matters, having acted as counsel for doctors, accountants, and auditors before the Ontario courts and administrative tribunals. Mr. Mogil regularly acts for the Canadian Medical Protective Association and represents physicians before the courts, the College of Physicians & Surgeons of Ontario, the Health Professions Appeal and Review Board and at Coroners' Inquests. He also regularly prosecutes on behalf of the Ontario College of Teachers.
Mr. Mogil received his BA in History and Government from Cornell University in 1999 and his LLB from the Osgoode Hall Law School in 2005. He was called to the Ontario bar in 2006. Prior to entering law school, Mr. Mogil served as Minister's Counsel with Citizenship and Immigration Canada. In that capacity, he appeared before the Immigration and Refugee Board as part of the department's War Crimes Unit.
Mr. Mogil is a member of the Law Society of Upper Canada, The Advocates' Society, the Medico-Legal Society, the Canadian Bar Association and the Ontario Bar Association.
Select Trials and Injunctions:
· Polly Bindra and 1541625 Ontario Ltd. v. York University Development Corporation - 2012 - Successful dismissal through trial of claims for commercial-lease renewal and good faith in the commercial tenancy sector
· Jones DesLauriers et al v. McIntyre et al - 2010 - Successful in obtaining consent injunction Order in a theft of corporate opportunity case in the insurance brokerage industry
· Smith v. McLinden - 2009 - successful trial involving a missed diagnosis by an emergency room physician, an internist and a neurologist of an intracranial hemmorage
· Wilding v. Vilos - 2009 - successful jury trial involving bilateral laparoscopic oopharectomy.
· Bruno v. Birss - 2008 - successful trial defending obstetrician regarding ultrasound review.
· Canpages Inc. v. Quebecor Media Inc. - 2008 - successfully obtaining interim and interlocutory injunctions to prevent Quebecor for competing in various markets for business in telephone directories
· Frederick Harris Music Company (the publishing arm of the Royal Conservatory of Music) v. Novus Via Music Group Inc. - 2007 - successful resistance of interim and interlocutory injunctions arising from allegations of breach of fiduciary duty, breach of contract and theft of a corporate opportunity
Administrative Hearings and Appeals:
· Numerous successful dismissasl of appeals from decisions of College of Physicians; W.C. v. G.C., 2011 CanLII 26331 (ON HPARB): JB v HAD, 2011 CanLII 29726 (ON HPARB); F.B. v. D.C.P., 2010 CanLII 70000 (ON HPARB): NM v AA, 2010 CanLII 93540 (ON HPARB): B.M.B. v. E.C., 2010 CanLII 43283 (ON HPARB)
· Finan v. Finan v. Cosmetic Surgicentre (Toronto), 2008 HRTO 47 (CanLII) (Ont. Human Rights Tribunal): Successful defence of discrimination complaint against physician with respect to medical services
· Registrar, Alcohol & Gaming Commission of Ontario v. Circa - 2008 - successful resistance of appeal before Divisional Court in respect to liquor license of prominent Toronto nightclub
Other Recent Engagements:
· Bilbija v. Lafarge et al - 2010 - successful motion to strike conspiracy claim against leading multi-national manufacturer of rubber coating on basis that the claim was a disguised derivative action
· 2010 - Successful resolution of $30 million shareholder and partnership dispute involving marketing agencies and their outside investor
· 2009 - Successful resolution of supplier dispute on behalf of leading Canadian food producer
· 2011 - L'Estergeois vs. Rheem et al - successful dismissal of product liability claim against leading hot water tank manufacturer
· 2011 - British Auto Company Ltd. vs. Uni-Select Inc. - Successful motion for security for costs in multi-million dollar auto parts contractual dispute.