Ont. bill would protect those who apologize from lawsuits
Last Updated: Tuesday, October 7, 2008 | 11:21 AM ET
CBC News
Ontario residents and institutions will likely soon be able to say they're sorry without fear that their apology could be used in a lawsuit against them.
The Apology Act, introduced Tuesday in the legislature, prevents apologies for accidents or wrongdoing from being used as evidence of liability in civil lawsuits and administrative and professional disciplinary proceedings. It will apply to both individuals and to organizations such as hospitals.
"The goal of the legislation is to encourage sincere apologies — saying sorry for a mistake or wrongdoing is the right thing to do," Attorney General Chris Bentley said in a statement.
The legal system has made it difficult for people or organizations to apologize out of fear it could later be used in lawsuits, Bentley said.
"We see fewer and fewer acknowledgments, demonstrations of regret, demonstrations of remorse, until the lawsuit," he said.
The government said the bill would help speed up healing and reconciliation by allowing people or institutions to acknowledge when they've done someone harm.
If it passes, as most government bills do, the act is expected to have a significant impact on the health-care field because professionals are generally advised not to apologize for fear those statements could be used against them in court.
Health Minister David Caplan said the bill would allow health-care professionals to be more open and honest with patients and their families, and therefore improve patient safety.
In addition, the government expects it to remove barriers to discussing and settling disputes and reduce the number that wind up in the courts.
The legislation will not affect victims' right to sue or their right to compensation, the release said.
The legislation was introduced as a private member's bill by Liberal backbencher David Orazietti, MPP for Sault Ste. Marie.
Similar bills exist in B.C., Saskatchewan, Manitoba and many U.S. and Australian states.
With files from the Canadian PressShare Tools
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