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Bill 59                                                          2008

An Act respecting apologies

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

“apology” means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the matter to which the words or actions relate; (“excuses”)

“court” includes a tribunal, an arbitrator and any other person who is acting in a judicial or quasi-judicial capacity. (“tribunal”)

Effect of apology on liability

   2.  (1)  An apology made by or on behalf of a person in connection with any matter,

  (a)  does not constitute an express or implied admission of fault or liability by the person in connection with that matter;

  (b)  does not constitute an acknowledgment of liability in respect of a claim in relation to that matter for the purposes of section 13 of the Limitations Act, 2002;

   (c)  does not, despite any wording to the contrary in any contract of insurance and despite any other enactment or law, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available to the person in connection with that matter; and

  (d)  must not be taken into account in any determination of fault or liability in connection with that matter. 

Evidence of apology not admissible in court

   (2)  Despite any other enactment or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter. 

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Apology Act, 2008.

 

EXPLANATORY NOTE

The Bill provides that an apology made by or on behalf of a person in relation to any civil matter does not constitute an admission of fault or liability by the person or an acknowledgment of liability in respect of a claim in relation to the matter, does not affect the insurance coverage available to the person making the apology and is not admissible in any judicial or quasi-judicial civil proceeding.

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