Saying "sorry" cannot be used against you in court in Ontario
The Short Answer
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.
The Full Story
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.
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.
Research indicated that many lawsuits were driven by anger over a perceived lack of accountability or empathy. By protecting the apology, the legislature hoped to reduce litigation volume and encourage early dispute resolution. The law effectively legislates a safe harbor for civility, recognizing that saying "sorry" is a human need that should not be stifled by the fear of being sued.
Common Misconceptions
People often think this law provides blanket protection for any statement containing 'sorry,' but it specifically applies to civil proceedings, not criminal cases. The protection also doesn't extend to statements that contain factual admissions beyond expressions of sympathy or responsibility. Some believe it's unique to Canada, but similar apology laws exist in other jurisdictions.
Actual Legal Text
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
Penalty
Not applicable—this is a protective statute that shields apologies from being used as evidence, not a prohibition.
Official Citation
Last Verified
January 16, 2026
Enacted
April 23, 2009
Jurisdiction Notes
Ontario, Canada (with similar laws in other Canadian provinces)