“Saying "sorry" cannot be used against you in court in Ontario”
The Apology Act, 2009 provides that an apology made by or on behalf of a person does not constitute an admission of fault or liability and is not admissible in any civil proceeding as evidence of fault or liability. This law allows Canadians to apologize without legal consequences.
Why Lawyers Once Discouraged Apologies
In the litigious environment of North America, defense lawyers traditionally advised clients—particularly medical professionals—never to apologize after an adverse event. An apology ("I'm sorry this happened") could be entered into evidence as an "admission against interest," proving liability in a malpractice suit. This created a culture of silence that often exacerbated the trauma of victims, who felt ignored or stonewalled.
How The Apology Act Changed Evidence Rules
The Apology Act, 2009 fundamentally altered the rules of evidence regarding apologies. Section 2 provides that an apology does not constitute an express or implied admission of fault or liability and is not admissible in any civil proceeding, administrative proceeding, or arbitration as evidence of fault or liability.
Where the story gets it wrong
Many assume this law gives blanket protection to any statement containing the word 'sorry,' but it specifically applies to civil, administrative, and arbitration proceedings, not criminal cases, and it doesn't extend to statements that contain factual admissions beyond expressions of sympathy or responsibility. Some also believe it's unique to Canada, but similar apology laws exist in other jurisdictions.
An apology made by or on behalf of a person in connection with any matter does not constitute an express or implied admission of fault or liability by the person in connection with that matter, and despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, evidence of the apology made by or on behalf of that person is not admissible in any civil proceeding as evidence of the fault or liability of the person in connection with that matter.
- Current status
- Actively Enforced
- Enacted
- April 23, 2009
- Penalty
- Not applicable—this is a protective statute that shields apologies from being used as evidence, not a prohibition.
- Jurisdiction
- Ontario, Canada (with similar laws in other Canadian provinces)