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As Canadians, we are a considerate bunch. We will be the first to fess up and say we are sorry. But when it comes to personal injury claims, our need to be considerate and take responsibility had been been counterproductive, especially when it came to our legal rights after an accident. This used to happen when a simple apology after an accident was construed as an admission of guilt. That’s when being considerate used to have terrible legal implications.
In fact, the “Apology Act” which passed in 2009 addressed this very real Canadian propensity that we have to say we are sorry, even when it is not our fault. The “Apology Act” came into being to allow for our typical expression of regret without having to worry that it will be used against us in court. It states that our very polite apology merely means “an expression of sympathy or regret” instead of “an admission of fault or liability in connection with the matter to which the words or actions relate.” In fact, before the Apology Act was passed, this simple statement of “I’m sorry” could be seen as an admission of fault. Whether expressly made or merely implied, an apology can no longer be used as evidence of our liability, whether as an individual or a corporation.
Proponents of the Apology Act believed it would improve dispute resolution, promote accountability, make a resolution more affordable and speed the resolution process by shortening or avoiding litigation altogether. Personal injury lawyers in Brantford agree that the Apology Act diminishes the desire to establish fault when it doesn’t necessarily exist by virtue of a simple apology.
There are some semantics involved with the Apology Act. For instance, after a motor vehicle accident, you may feel free to say “I’m sorry” as a blanket statement. It’s when you admit to a certain action that it becomes tricky. “I’m sorry for running the stop light.” indicates fault for a certain specific behavior and can be used as evidence of liability.
There are situations where the Apology Act does not apply. The Apology Act only applies to civil claims and not charges under the Highway Traffic Act or criminal proceedings. In these cases, any apology made at mediation, or examination for discovery, or even in correspondence can be used as an admission of fault. If an apology is offered while testifying in a civil proceeding or any out-of-court examination, then the apology is admissible as an admission of fault.
If you have been injured in an accident, your best recourse is to get the advice of a professional injury lawyer in Brantford. Call the legal team at APC Law for advice about your legal rights after an accident.