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Apology Acts Make 'I'm Sorry' a Key Dispute Resolution Tool

By Bruce Carton

You've done something wrong and you want to apologize. That's the right thing to do, right? That's what mom said. But in the eyes of the law, an apology can sometimes be an admission that leads to liability and damages. That dilemma has led to the creation of so-called "Apology Acts" in some jurisdictions. As discussed in this post on the Slaw.ca blog, Ontario enacted an "Apology Act" on April 23, which "allows the communication of expressions of sorrow or regret without worrying that the comments can later be used adversely in a civil court." Ontario was the fourth Canadian jurisdiction to enact apology legislation, following British Columbia, Saskatchewan and Manitoba. Slaw.ca reports that more than 30 states in the U.S. have similar legislation in place. According to a recent LawPRO article analyzing the Ontario law, proponents from the health-care field originally championed the cause. For years, health-care professionals avoided apologizing to patients for mistakes for fear that their apology would be considered an admission of guilt in any future civil proceedings. But over time many of these professionals began to feel that apologizing would help "initiate the healing process" and promote open communication and accountability, which led to a...

Full post as published by Legal Blog Watch on December 11, 2009 (boomark / email).