This is a reflection of the principle that only exceptional circumstances of mitigation may justify a departure from the ordinary disposition of a revocation of license [sic]. Counsel for the Respondent conceded that the ordinary or presumptive disposition is revocation, but denied that exceptional circumstances must be shown to relieve against that disposition. He noted that Law Society of Upper Canada v. De Landro, [2006] L.S.D.D. No. 10, speaks in terms of “subject to mitigation”, not “subject to exceptional circumstances.” He submitted that the need for “exceptional circumstances” would represent a change to the existing jurisprudence, and further, would be tantamount to the imposition of a minimum penalty, unsupported by the Law Society Act.
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