Eli Mogil is a partner in our Litigation Group in Toronto. Mr. Mogil maintains a commercial 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 focuses includes shareholder disputes and oppression remedies, contractual disputes, and breaches of fiduciary duties. He has a particular focus on commercial leasing disputes (acting for both leading landlords and significant tenants) and auditors/accountant negligence disputes, having acted for leading firms in the area. Below is a selection of Mr. Mogil’s experience in trials, hearings, and other recent 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, and teaches at the University of Toronto Trial Advocacy Program. He serves as President of the Board of Directors of the Leo Baeck Day School and is an active member of the Canadian Jewish Political Affairs Committee.
- 2016: Successful Application for Sale under Partition Act in respect of disputed land use
- 2016: Numerous engagements on behalf of tenants, landlords, and brokers in leasing disputes
- 2016: Acting for financial services institution in respect of FSCO pension proceeding
- 2016: Acting for leasing company in dispute over the Ottawa Senators’ scoreboard
- 2016: Acting for film production company in respect of internal accounting fraud.
- 2016: Successful resolution for defendant in complex nationwide construction dispute
- 2015: Acting as counsel to the Compliance Audit Committee of the Toronto District School Board in respect of challenge to finances of candidate for Trustee.
- 2015: Defence of leading auditor firm in negligence claim in distribution sector
- 2014: Defence of leading auditor firm in $200 million negligence claim in hedge-fund sector
- 2014: Successful resolution for defendant of $95 million franchise claim in auto-parts sector
- 2014: Successful resolution for plaintiff of contractual dispute related to joint venture in gold-mining sector
- 2014: Acting for plaintiff investment firm in $1 Billion negligence misrepresentation claim in gold-mining sector
- 2014: Acting for plaintiff marketing agency in theft of corporate opportunity case against competitor
- 2012-2014: Acting for leading Ontario universities in commercial leasing disputes with tenants
- 2012-2014: Acting for significant commercial tenants in disputes with landlords.
- 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.
- 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
SELECT TRAILS & INJUNCTIONS
- Librach ats Suwary – 2014 - Defence of physician in two-month re-trial at Superior Court.
- 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 hemorrhage
- Wilding v. Vilos – 2009 - successful jury trial involving bilateral laparoscopic oophorectomy.
- 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 & APPEALS
- Numerous successful prosecutions of teachers on behalf of the Ontario College of Teachers
- Numerous successful dismissals 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. 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