What is the test for accepting a joint submission?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Ostroff, 2022 ONLSTH 15 (CanLII):
I am required to accept the joint submission unless the public interest test is satisfied. Law Society of Ontario v. Ramsay, 2021 ONLSTH 161. As I said in Ramsay at para. 13: In applying the “public interest” test, a panel does not decide whether a proposed penalty is correct, reasonable or fit or whether another penalty would be more fit. … The public interest test provides a more stringent test that must be satisfied before a joint submission can properly be rejected.
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