Justice
May 26, 2009

Apology Legislation Introduced in the House of Assembly

Yesterday in the House of Assembly second reading was given to An Act Respecting Apologies. This legislation provides that expressions of sympathy or regret can be given and will not be considered an admission of guilt or be admissible in court to prove liability. Studies have indicated such action can lead to a timely resolution of conflict.

"The Task Force on Adverse Health Events recommended that Newfoundland and Labrador pass legislation which would allow the expression of sympathy for adverse events," said the Honourable Tom Marshall, Minister of Justice and Attorney General. "The legislation debated in the House of Assembly complies with this recommendation by allowing an expression of remorse, regret or sympathy without it being considered an admission of liability."

Justice Margaret Cameron also recommended the adoption of such legislation, commonly referred to as apology legislation, in her report of the Commission of Inquiry on Hormone Receptor Testing. Such legislation often allows parties to come together more quickly to settle matters of concern, such as insurance claims. This legislation does not eliminate the possibility of litigation. It provides security for both parties in that it neither creates nor absolves liability and it does not allow for the extension of a limitation period. Under the legislation such an expression of sympathy or regret cannot be used in court as an admission of liability, be taken into account in a determination of fault or liability, nor can it void an insurance policy.

"The goal of this legislation is to bring parties together early in genuine dialogue without the concern of an apology being admissible in court" said Minister Marshall. "If a resolution is truly desired, then an apology can be the first step in achieving this and could avoid the anguish and cost of litigation. Other jurisdictions in Canada, the United States and Australia have used this legislation with success and I look forward to implementation in our province."

Minister Marshall also pointed out that while the legislation does apply to individuals, government and non-government groups in Newfoundland and Labrador, it does not absolve any litigant from liabilities.

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Media contact:
Ken Morrissey
Director of Communications
Department of Justice
709-729-6985, 685-6612
kenmorrissey@gov.nl.ca

2009 05 26                                                    4:40 p.m.
 


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