Does a joint submission on penalty fall within a range of reasonable outcomes?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Splinter, 2021 ONLSTH 58 (CanLII):
Where, as here, the parties have made a joint submission on penalty, the panel’s role is to determine whether it falls within a range of reasonable outcomes. While a hearing panel is entitled to decline to accept a joint submission, unless the proposed penalty is outside the reasonable range or would bring the professional discipline system into disrepute, the panel must accept it: Law Society of Upper Canada v. Cooper, 2009 ONLSAP 7.
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