I was asked whether there really, really was an Apology Act in Ontario. Yes, Virginia, while it has not yet received Royal Assent, it is on its way. And it is sort of relevant to the world, and it is a shame that it is necessary, somewhat like good samaritan laws.
I can't believe that I am going to mention the Toronto Maple Leafs, but here goes. There is no justice in the world. The Leafs are, as this is being written, unbeaten in the 2008-2009 season and are only in third place -- there is no justice. Even worse, "what do the Toronto Maple Leafs and the Titanic have in common? They both look good until they hit the ice." Go Leafs Go.
When is an Apology an Apology or not an Apology?
An Act respecting apologies
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"apology" means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the matter to which the words or actions relate; ("excuses")
"court" includes a tribunal, an arbitrator and any other person who is acting in a judicial or quasi-judicial capacity. ("tribunal")
Effect of apology on liability
2. (1) An apology made by or on behalf of a person in connection with any matter,
(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter;
(b) does not constitute an acknowledgment of liability in respect of a claim in relation to that matter for the purposes of section 13 of the Limitations Act, 2002 ;
(c) does not, despite any wording to the contrary in any contract of insurance and despite any other enactment or law, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available to the person in connection with that matter; and
(d) must not be taken into account in any determination of fault or liability in connection with that matter.
Evidence of apology not admissible in court
(2) Despite any other enactment or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter.
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Apology Act, 2008 .
EXPLANATORY NOTE
The Bill provides that an apology made by or on behalf of a person in relation to any civil matter does not constitute an admission of fault or liability by the person or an acknowledgment of liability in respect of a claim in relation to the matter, does not affect the insurance coverage available to the person making the apology and is not admissible in any judicial or quasi-judicial civil proceeding.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"apology" means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the matter to which the words or actions relate; ("excuses")
"court" includes a tribunal, an arbitrator and any other person who is acting in a judicial or quasi-judicial capacity. ("tribunal")
Effect of apology on liability
2. (1) An apology made by or on behalf of a person in connection with any matter,
(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter;
(b) does not constitute an acknowledgment of liability in respect of a claim in relation to that matter for the purposes of section 13 of the Limitations Act, 2002 ;
(c) does not, despite any wording to the contrary in any contract of insurance and despite any other enactment or law, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available to the person in connection with that matter; and
(d) must not be taken into account in any determination of fault or liability in connection with that matter.
Evidence of apology not admissible in court
(2) Despite any other enactment or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter.
Commencement
3. This Act comes into force on the day it receives Royal Assent.
Short title
4. The short title of this Act is the Apology Act, 2008 .
EXPLANATORY NOTE
The Bill provides that an apology made by or on behalf of a person in relation to any civil matter does not constitute an admission of fault or liability by the person or an acknowledgment of liability in respect of a claim in relation to the matter, does not affect the insurance coverage available to the person making the apology and is not admissible in any judicial or quasi-judicial civil proceeding.
STEPHEN WRIGHT'S DEADPAN HUMOR
Courtesy of The Freeman Institute
"Dealing With People Who Drive You Crazy!"®
Here are some Stephen Wright quotes:
Someone sent me a postcard picture of the earth. On the back it said, "Wish you were here."
Last night I played a blank tape at full blast. The mime next door went nuts.
If a person with multiple personalities threatens suicide, is that considered a hostage situation?
Just think how much deeper the ocean would be if sponges didn't live there.
If a cow laughed, would milk come out her nose?
Whatever happened to preparations A through G?
Why do they sterilize needles for lethal injections?
Why don't they just make mouse-flavored cat food?
If it's tourist season, why can't we shoot them?
So, what's the speed of dark?
Isn't Disney World a people trap operated by a mouse?
How come abbreviated is such a long word?
If olive oil comes from olives, where does baby oil come from?
I went for a walk last night and my kids asked me how long I'd be gone. I said, "The whole time."
After eating, do amphibians need to wait an hour before getting OUT of the water?
If you're sending someone some Styrofoam, what do you pack it in?
I just got skylights put in my place. The people who live above me are furious.
Is it true that cannibals don't eat clowns because they taste funny?
Whose cruel idea was it for the word "lisp" to have an "s" in it?
Since light travels faster than sound, isn't that why some people appear bright until you hear them speak?
If it's zero degrees outside today and it's supposed to be twice as cold tomorrow, how cold is it going to be?
Courtesy of The Freeman Institute
"Dealing With People Who Drive You Crazy!"®
Here are some Stephen Wright quotes:
Someone sent me a postcard picture of the earth. On the back it said, "Wish you were here."
Last night I played a blank tape at full blast. The mime next door went nuts.
If a person with multiple personalities threatens suicide, is that considered a hostage situation?
Just think how much deeper the ocean would be if sponges didn't live there.
If a cow laughed, would milk come out her nose?
Whatever happened to preparations A through G?
Why do they sterilize needles for lethal injections?
Why don't they just make mouse-flavored cat food?
If it's tourist season, why can't we shoot them?
So, what's the speed of dark?
Isn't Disney World a people trap operated by a mouse?
How come abbreviated is such a long word?
If olive oil comes from olives, where does baby oil come from?
I went for a walk last night and my kids asked me how long I'd be gone. I said, "The whole time."
After eating, do amphibians need to wait an hour before getting OUT of the water?
If you're sending someone some Styrofoam, what do you pack it in?
I just got skylights put in my place. The people who live above me are furious.
Is it true that cannibals don't eat clowns because they taste funny?
Whose cruel idea was it for the word "lisp" to have an "s" in it?
Since light travels faster than sound, isn't that why some people appear bright until you hear them speak?
If it's zero degrees outside today and it's supposed to be twice as cold tomorrow, how cold is it going to be?
Rantings and Ravings
October 5th -- My motorcycle is in the shop for some TLC and since I would otherwise be riding on a Sunday -- I will take out my frustrations on the internet. So here goes:
Questions with no answers?:
1. Why does a chiropractor have to obtain "informed consent" when dealing with orthotics? What is with that -- anyone ever die from fallen arches?
2. Isn't it time that everyone started realizing that there is a huge difference between ensuring knowledge of what is taking place and the specifics of informed consent as in -- doctors have to make sure that patients know what it is going to cost for treatment but that knowledge is different than dealing with risk.
3. Use it or lose it -- abuse it and lose it -- seems to apply to chiropractic use of orthotics and x-rays to more than any other profession.
4. How can practitioners not know the difference between hiring an employee and a consultant when Canada Revenue Agency and everyone else seems to know the difference?
5. You can be an associate and you can be an independent contractor and you can even be both since they are the same!
6. History taking, record keeping, diagnosis and plan of management is not something that chiropractic colleges require from student/interns to keep them busy. They are professional responsibilities.
7. Don't have malpractice insurance -- shame, shame, shame!!
8. You can buy malpractice insurance -- does it come with an undertaking to protect the profession and spend money, time, energy and expertise to deal with the BIG PICTURE. There is only one organization that gives as well as takes.
9. If "IT" doesn't pass the stink test -- it is only a matter of time until (you fill in the blank)!!
10. for whatever reason, my short tenure of doing articles for DC Canada appears over -- so my irreverance, sarcasm, and task of irritating everyone equally will have to be presented on this Blog.
be happy and be well
allan
Questions with no answers?:
1. Why does a chiropractor have to obtain "informed consent" when dealing with orthotics? What is with that -- anyone ever die from fallen arches?
2. Isn't it time that everyone started realizing that there is a huge difference between ensuring knowledge of what is taking place and the specifics of informed consent as in -- doctors have to make sure that patients know what it is going to cost for treatment but that knowledge is different than dealing with risk.
3. Use it or lose it -- abuse it and lose it -- seems to apply to chiropractic use of orthotics and x-rays to more than any other profession.
4. How can practitioners not know the difference between hiring an employee and a consultant when Canada Revenue Agency and everyone else seems to know the difference?
5. You can be an associate and you can be an independent contractor and you can even be both since they are the same!
6. History taking, record keeping, diagnosis and plan of management is not something that chiropractic colleges require from student/interns to keep them busy. They are professional responsibilities.
7. Don't have malpractice insurance -- shame, shame, shame!!
8. You can buy malpractice insurance -- does it come with an undertaking to protect the profession and spend money, time, energy and expertise to deal with the BIG PICTURE. There is only one organization that gives as well as takes.
9. If "IT" doesn't pass the stink test -- it is only a matter of time until (you fill in the blank)!!
10. for whatever reason, my short tenure of doing articles for DC Canada appears over -- so my irreverance, sarcasm, and task of irritating everyone equally will have to be presented on this Blog.
be happy and be well
allan
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