Apology Act, 2008 Orazietti, David — Bill 59 (39th Parliament, 1st Session)

Bill 59, 39-1

Ontario — Bills

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Bill 59, Apology Act, 2008

Orazietti, David

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[39] Bill 59 Original (PDF)

Bill 59 2008

An Act respecting apologies

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"apology"

means an expression of sympathy or regret, a statement that one is sorry or any

other words or actions indicating contrition or commiseration, whether or not

the words or actions admit or imply an admission of fault in connection with

the matter to which the words or actions relate; ("excuses")

"court" includes a tribunal, an arbitrator and any other person who is

acting in a judicial or quasi-judicial capacity. ("tribunal")

Effect of apology on liability

(1) An

apology made by or on behalf of a person in connection with any matter,

(

a) does

not constitute an express or implied admission of fault or liability by the

person in connection with that matter;

(

b) does

not constitute an acknowledgment of liability in respect of a claim in relation

to that matter for the purposes of

section 13 of the Limitations Act, 2002 ;

(

c) does

not, despite any wording to the contrary in any contract of insurance and

despite any other enactment or law, void, impair or otherwise affect any

insurance coverage that is available, or that would, but for the apology, be

available to the person in connection with that matter; and

(

d) must

not be taken into account in any determination of fault or liability in

connection with that matter.

Evidence of apology not admissible in court

(2) Despite any other enactment or law, evidence of an

apology made by or on behalf of a person in connection with any matter is not

admissible in any court as evidence of the fault or liability of the person in

connection with that matter.

Commencement

3. This Act comes into force on the day it

receives Royal Assent.

Short title

4. The

short title of this Act is the Apology Act, 2008 .

EXPLANATORY NOTE

The

Bill provides that an apology made by or on behalf of a person in relation to

any civil matter does not constitute an admission of fault or liability by the

person or an acknowledgment of liability in respect of a claim in relation to

the matter, does not affect the insurance coverage available to the person

making the apology and is not admissible in any judicial or quasi-judicial civil

proceeding.

Date Bill stage Activity Committee

May 15, 2008

Ordered referred to Standing Committee

Standing Committee on Social Policy

May 15, 2008

Second Reading

Carried

May 15, 2008

Second Reading

Debate

April 15, 2008

First Reading

Carried

Debates and Progress

First Reading

April 15, 2008

Second Reading

May 15, 2008

Mr. David Orazietti, Mr. Peter Kormos, Mr. David Zimmer, Mrs. Christine Elliott, Ms. Helena Jaczek, Mr. Kuldip Kular, Mr. Shafiq Qaadri

May 15, 2008

Declared carried. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 59, 39-1
Type	bill
Volume / chapter	p39 s1 bill 59 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e11b6f14f72f46e74dc35c4500cc282370e896b3

Source file is stored in the law ingest library (html).