What is the role of a hearing panel in deciding a joint application?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Burgess, 2021 ONLSTH 25 (CanLII):
The parties have jointly proposed an order. The reasons in Law Society of Upper Canada v. Cooper, 2009 ONLSAP 7 at para. 19 provide the following guidance as to the role of a hearing panel in this circumstance: Generally, a hearing panel should not “tinker” with the joint submission, as long as it is not contrary to the public interest, by substituting another penalty that is also within a range of reasonableness. Simply put, only truly unreasonable or “unconscionable” joint submissions should be rejected.
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