Ontario introduces apology legislation bill

Ontario’s government has introduced an apology legislation bill named the Apology Act, 2008. While some commentators have addressed the Apology Act, 2008‘s applicability to medical malpractice and wrongful conviction lawsuits, the bill in its current form applies to product liability lawsuits concerning consumer products as well.

Under the Apology Act, 2008, an apology:

1. does not constitute an express or implied admission of fault or liability by the person making the apology;

2. does not, despite any contrary wording in an insurance or indemnity policy and despite any other legislation or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with the matter to which the apology relates; and

3. cannot be taken into account in determining fault or liability.

The Apology Act as currently drafted does not apply to the admissibility of apology evidence in criminal matters and provincial offences.

Three (3) other Canadian provinces – British Columbia, Manitoba and Saskatchewan – have introduced apology legislation since 2006. A number of Australian states and over 30 U.S. states have enacted apology legislation as well.

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  1. […] in effect Ontario’s apology legislation, the Apology Act, 2009 (previously reported here) is now in effect. The act applies to civil actions before the Ontario courts, including breach of […]



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