Led by BC, the Uniform Law Conference of Canada adopted the Uniform
Apology Act in 2007.
One of the best pieces on apology is still John Kleefeld's article about the BC
Apology Act (2006).
While we have been receiving great feedback on the various articles on social media in the latest issue of LawPRO Magazine, the surprise front - runner for most popular article in this issue has had over 300 downloads in the first four days — Yvonne Diedrick's article on
the Apology Act, 2009.
The Apology Act came into force in Ontario on April 23, 2009.
Subsection 2 (3) of Ontario's
Apology Act states the following: Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter is not...
The Apology Act adds apologies to these privileged occasions for admissions of fault, in order to encourage them — the same reason that they are protected in these other instances.
I've covered
the Apology Act on Slaw before, and Dan Pinnington has touched on the implication for insurers.
I know you're asking about the USA, but I thought to mention (as I commented) that Ontario actually has an «
Apology Act» that essentially says that you can apologize for something and that apology is not to be considered a confession, admission of fault / guilt.
Given the new
Apology Act in Ontario, corporate counsel should look to campaigns like this one by Taco Bell as a better way to handle reputation management and engage the public over contentious litigation.
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.»
I've said before that the new
Apology Act in Ontario may change things, but it hasn't been around long enough to know for sure.
The Ontario bill is essentially the Uniform
Apology Act, adopted by the Uniform Law Conference of Canada last year.
The Ontario
Apology Act came into force on April 23, 2009.
Therefore, depending on the facts and the nature of the proceeding,
the Apology Act may play an important role in developing a litigation strategy.
Importantly, section 3 of
the Apology Act outlines exceptions relating to criminal proceedings and proceedings under the Provincial Offences Act, which include Occupational Health and Safety proceedings.
In the employment law context,
the Apology Act may affect the admissibility of an employer's apology to an employee, or vice versa, as evidence in employment - related proceedings.
Four other provinces and two territories have enacted apology statutes, based on the Uniform
Apology Act — a project led by British Columbia, whose Ombudsman had recommended such legislation earlier.
Not exact matches
Experts say you should be sending out an
apology as close to the incident as possible to minimize damage, much like JCPenney, which
acted within a day once the controversy arose.
But the company did get credit for
acting quickly and issuing an
apology statement right away.
He allegedly offered multiple
apologies, according to E! News, but Jenner «told [Rob] that this was going to affect Dream in many ways if he didn't get his
act together.»
Unfiltered uncles adhere to an «
act first, apologize later» philosophy, but those
apologies rarely come.
The contrary habit, of talking whilst the Europeans listen, we have not yet acquired; and in him who first makes the adventure it begets a certain sense of
apology being due for so presumptuous an
act.
we realize at this late date and due to death the
apology will not bear any more strange fruit, but we would like to make such
apologies so that people will think we are sincere and mean what we say even though our
apologies change nothing... and we'd like to apologize in advance for any future bigoted
acts we may make, recognizing that once we apologize we are seen as honorable and in the clear»
The Archbishop added: «
Apologies given years later are unlikely to be satisfactory, but I want you to know that for my part I am deeply ashamed for those times when the church has failed to either listen or to
act where children were at serious.»
While Baker Mayfield issued an
apology after planting a flag at The Horseshoe after beating Ohio State, the Buckeyes are still not pleased about the
act.
But L'Equipe report that the former Barcelona ace issued a grovelling
apology to his team - mates at training on Wednesday, with countryman and skipper Thiago Silva
acting as translator.
The amends should include an
apology, but also a promise to make it right by
acting differently going forward.
The video footage was released into the public, and the government, feeling embarrassed, proceeded to issue a statement of
apology to the said officer, while the perpetrators were left without any reprimand, an
act that can embolden their operations.
The solution the government adopted to dealing with this unfortunate
act was to write an
apology to the said police officer without taking steps to openly deal with the perpetrators of this
act that could endanger the lives of men in uniform.
Despite the sailors» «confessions», the UK has not offered a public
apology for entering into Iranian waters, insisting the personnel were in Iraqi territory
acting under a UN mandate.
«The BOE owes the people of New York an
apology for such a flagrantly political
act.»
It should have the power to impose fines on papers «that are large enough to
act as a deterrent» and it should have the power to ensure that
apologies and corrections are given due prominence.
And keep in mind that one
apology for your limited English skills is a courteous
act, but don't use it as an excuse if you have an advanced understanding of the language.
A little late with this post today, couldn't quite seem to get my
act together to get this out earlier, so
apologies!
My
apologies in advance if the four
acting categories end up sounding the exact same, for a rather extraordinary occurrence happened this year in that all four frontrunners ended up winning all four major awards leading up to the Oscars, an occurrence that I can't recall having happened before.
Do not
act in a way that you may in future feel sorry for your actions and may have to offer excuses and
apologies.
I understand that he has no control over how quickly the service department moves but an occasional
apology or
acting like he cared would have gone a long way.
So no
apology to MoneySaving aficionados - hopefully you'll pass with flying colours - as it's always worth a check, especially if you're one of those who reads this email, yet doesn't always
act...
This beta
acts as an
apology of sorts for the previous beta, which, unfortunately, ran into severe server issues.
A huge difference often lacking in this culture where public
apologies are the price of return from ignominy and where the offending typically engage in the appearence of an
act of contrition without actually admitting the need for contrition.
If you did not, no problem there either — just don't come looking to him for a hug or an
apology, or for him to let you off the hook for being wrong or
acting wrong.
Nothing in the
Act prevents a lawsuit, only the use of the
apology in evidence.
The
Act does carve out some limited circumstances under which an
apology can be admissible.
A few days after Mr. Chevalier commenced the lawsuit, Active Tire sought to recall him to his job, stating that it had
acted under false assumptions that it had the right to fire him and issued a sincere
apology for its mistake.
None of the legislation can apply to the use of
apologies in Criminal Code prosecutions, as they are governed by the Canada Evidence
Act.
Be mindful of this when advising a client who has called you in a panic, during early negotiations and at mediation (where an
apology could have dual protection of the
Act and confidentiality provisions of a mediation agreement).
On October 15, Alberta introduced its own
apology legislation, by way of an amendment to the Evidence
Act (as was done in Saskatchewan).
Read this LAWPRO webzine article to understand the circumstances in which you can make an
apology and those in which you should not — there are a number of exceptions under the
Act.
O'Reilly observed that this
apology was effective because Mr. McCain
acted quickly and decisively, didn't avoid blame or point fingers, and maintained full responsibility.
Not for the first time, it is not clear whether the company's
apology is prompted by a genuine recognition at having done something seen as questionable by many, or if the
apology comes merely as a result of having been found to be
acting in something of an underhand way.