In the Summer 2007 issue of Lawyers Alert, we presented an article by our editor, Duane Chris, on the growing trend in Canada, the U.S. and other Western nations to encourage businesses and individuals to acknowledge when they have done harm to others, and thereby promote the resolution of disputes. Many U.S. states have enacted apology legislation providing that an apology or other expression of regret does not constitute an admission of fault or liability, and is not admissible in any court as evidence of such. In 2006, British Columbia became the first Canadian province to enact similar legislation with its Apology Act (S.B.C. 2006, c.19).
Since that article was published, there have been some further developments on this front in Canada. Saskatchewan has added a clause of similar effect to its Evidence Act (S.S. 2006, c. E-11.2, s.23.1(1)). Last November, the Manitoba Legislature passed its own Apology Act, with similar wording to the B.C. Act. And now, Ontario appears to be following suit. Bill 59, a private members bill, has passed second reading and was referred to the Standing Committee on Social Policy on May 15, 2008. If enacted, the Bill will become the Ontario Apology Act, and will provide Ontario businesses and individuals the same protections and benefits relating to apologies that have been so welcomed in other jurisdictions. We can hope to see reduced litigation and court backlogs, as well as greater consumer satisfaction in the commercial context.
We'll continue to keep an eye on this development for you. Look for further updates in future issues of Lawyers Alert. View the original article online at www.collinsbarrow.com/link.asp?u=LA2.