What is the test for accepting a joint penalty submission?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Gordon, 2021 ONLSTH 109 (CanLII):
On a joint penalty submission, the role of this panel is to apply the “public interest test” and to accept the joint submission unless “the proposed penalty is so ‘unhinged’ from the circumstances of the case that it must be rejected”. Bradley v. Ontario College of Teachers, 2021 ONSC 2303 (Div. Ct.) at para. 14. We accept the joint submission, applying the public interest test.
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