“Many practicing lawyers may be unaware of the provisions of the statute which was first introduced by an individual Member of the Provincial Parliament.
The full text of a 2009 article by Yvonne Diedrick, a claims counsel with LawPro, can be found at www.LawPro.ca/magazinearchives.
In part, the article observes:
As lawyers, we tend not to think of apologizing as a method of dispute resolution. Thanks to new legislation recently passed by the Ontario government, and to borrow from Elton John, saying sorry no longer has to be the hardest word.
The Apology Act came into force on April 23, 2009. The legislation was introduced by David Orazietti, an MPP from Sault Ste. Marie, as a private members bill. The Act allows the communication of expressions of sorrow or regret without worrying that the comments can later be used adversely in a civil court.
I understand that the original proponents of the legislation came from the health care field. Historically health care professionals have avoided apologizing to patients for mistakes out of fear the apology would be considered an admission of guilt in civil proceedings. Over time, thinking has changed. Many doctors, nurses and other health care providers felt that apologizing would initiate the healing process by acknowledging to a patient that harm had been done and by promoting open communication and accountability between patient and health care provider.
…
As a result, the Act provides that an apology, made by or on behalf of a person:
• does not constitute an admission of fault or liability by the person:
• does not affect any insurance coverage or indemnity available despite any wording to the contrary in the contract of insurance or an act or law:
• shall not be taken into account in determining fault or liability in the matter: and
• is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of fault or liability in the matter.
In her article. Ms. Diedrick observes:
“No doubt the legislation was intended to encourage the early resolution of disputes by providing the protection of the Act if the apology is given before reaching costly out-of-court examinations such as discovery, or matters escalate to an arbitration or trial.”
Simaei v. Hannaford, 2015 ONSC 5041 (CanLII) at 24-27, 32-33