What is the legal test for a joint penalty submission?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. McClean, 2022 ONLSTH 5 (CanLII):
Our role in considering a joint penalty submission is limited: Law Society v. Archambault, 2017 ONLSTH 86 and Law Society of Ontario v. Manilla, 2021 ONLSTA 25 at para. 100. A joint submission can only be rejected if it is “so unhinged from the circumstances” that: …its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down.
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