What is the legal test for pleading for resignation rather than disbarment?

This Panel has also considered and applied the principles set out in Law Society of Manitoba v. MacIver [2003] L.S.D.D. No. 29, where the following factors were to be considered in determining whether to allow resignation rather than disbarment: a. First, the range of fit and appropriate penalties must be determined given the facts supporting the finding of guilt; b. Second, the nature of the mitigating factors; c. Third, if the facts underlying the offence indicate a strong prima facie case for disbarment as the only disposition, then the plea for permission to resign may be an appropriate disposition only in the limited situation where the nature of the mitigating circumstances addresses why the member committed the offence. The mitigating factors must temper the culpability of the member’s commission of the offence. d. Fourth, if the nature of the mitigating circumstances relate to either why the offence was committed or there are significant mitigating circumstances that are consequential or incidental to the offence, then a panel may consider allowing resignation.