Ontario Apology Act Passed

Ontario quietly passed Bill 108, the Apology Act, yesterday . . . although for some reason media coverage has been very limited and more detailed information doesn't seem to be available on the website of the Ontario Ministry of the Attorney-General.

According to soonews.ca, "The legislation would allow an individual or organization to offer an apology as part of the dispute resolution process without concern over legal liability. The Apology Act provides that an apology made in relation to a civil matter does not constitute an admission of fault or liability and would not be admissible in a civil proceeding."

What coverage there is focuses on the impact of the Act in particular on medical and other professionals and how it may assist in dispute resolution.

The important question is whether the Act will encourage legal counsel in Ontario to be more flexible in their advice to companies on what they can and can't say when their products or services cause harm. Is it too much to hope that this may open the door for companies to consider more active reputation defense strategies -- starting with expressions of regret and compassion -- rather than relying only on legal-driven refusals to comment for fear of legal liability?

Comments

[Glen Whelan]

A long-overdue piece of news, Boyd. I found it notable that, according to an American Bar Association Journal study, 30% of all plaintiffs would not have sued had an apology been given, so there's clearly a will even among affected stakeholders to see this kind of law take root.That said, the real test will come in the court of law. I'm sure an awful lot of people will be watching closely.

[Boyd Neil]

If you have that study, I would love to get a hold of a copy. Since other provinces (B.C. among them )have an apology law on the books, there are probably case precedents already.