What is the test for determining whether a person is entitled to a conditional discharge?
Ontario, Canada
The following excerpt is from Shah v. Shah, 2021 ONCJ 77 (CanLII):
In exercising this discretion, the court must consider the factors listed in subrule 24(12) and also be mindful of the concepts reasonableness and proportionality (Beaver v. Hill, 2018 ONCA 840).
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