In past issues of Lawyers Alert, we have been following the discussion and progress of so-called apology legislation in North America. Many Canadian and U.S. jurisdictions have enacted legislation removing the negative legal consequences of making an apology or statement of regret or condolence; such statements may not be used as evidence of fault or an admission of guilt in a court proceeding.
The purpose of this legislation is to encourage those who have caused harm to others to feel more comfortable making apologies in the hope that such apologies might reduce tensions in conflict situations and thus reduce the incidence of costly litigation. Results in jurisdictions that have enacted apology legislation appear to support this theory.
Earlier this year, Ontario became the most recent Canadian province to enact this type of legislation, joining Alberta, B.C., Manitoba, Nova Scotia, Saskatchewan and more than half of the states in the U.S. The Ontario Apology Act (S.O. 2009, c.3) is now in effect.
While none of the provincial acts have yet been tested judicially, the legislation has been welcomed particularly in the medical field, where doctors and hospitals hope it will help to cut down dramatically on medical malpractice lawsuits.
See our former issues of Lawyers Alert for more discussion. And stay tuned... if and when these acts receive judicial treatment, you will read about it here at Lawyers Alert.