“I’m Sorry” Bill Aims to Ease Tension
and Legal Issues

New legislation wants to encourage apologies, not litigation

Bill 30: The Alberta Evidence Amendment Act, 2008 (Bhuler) was recently passed by the Alberta Legislative Assembly on November 4th 2008. The Bill aims to change the approach and consequences of apologizing. Bill 30 or the “I’m Sorry” Bill amends Alberta's Evidence Act so that an apology can be made without fear of legal liability in the context of civil litigation. For fitness clubs, this means we can potentially reduce litigation and improve customer service by allowing our companies to apologize for potential injuries or acknowledge our accidental short comings.
The Bill's sponsor, Calgary MLA Manmeet Bhullar, believes it will reduce the number of cases that go to the courts for resolution. "In many cases, the simple words 'I'm sorry' are all that's really needed to settle civil disputes," Bhullar said.
Alberta is the latest province behind British Columbia and Manitoba in an effort to promote early and effective resolution of civil disputes - with the hope of reducing court times for smaller civil cases. A number of U.S. states have also enacted similar legislation.

How to use this Bill to your club’s best advantage? Update your operating procedures to accommodate the new legislation - ensure that your staff are aware that should something go wrong or if customer service is found to be lacking. Sometimes an apology is all that is needed to restore hurt feelings. Bill 30: speaks to the power of an apology, the power of saying: I'm sorry. In our business, maintaining open, positive and clear communication with our patrons is how we stay in business. Bill 30 is a fantastic new way to develop strong relationships with our clientele and continue to focus on excellent customer service.

According to our retained law firm of Fraser Milner Casgrain – “While it is clear that the amendment to the Alberta Evidence Act is aimed at encouraging apologies which could satisfy potential plaintiffs and reduce the amount of claims that result in litigation, club owners should still be careful to avoid making bare admissions of liability which could potentially fall outside of scope of the definition of an "apology" contained in section 26.1(1). This section does state that apologies which include an admission of fault will not be considered by the courts. However, simple admissions of fault in the civil context without the accompanying expression of sympathy or regret (i.e. apology) could lead to an additional issue to be argued based on section 26.1(1) if litigation is actually commenced.

I think we can agree that it is unlikely that a stand-alone admission of fault would be made outside of the context of an "apology" but clubs should remain mindful of the potential distinction that could be made. In summary, it now appears that an apology will not be used against the person/club making the apology but an admission of fault could still lead to issues if litigation follows. In fact, an admission of liability could actually encourage an injured person to litigate based on the perception of an entitlement to recovery based on the admission.”

To learn more about current legislation in your home province please contact our Association Manager, Brian Gilbank by email at: bgilbank@ficdn.ca or by telephone at: 780.732.5019.

Sincerely,

Dave Hardy
President
Fitness Industry Council of Canada
Email: dhardy@ficdn.ca
Phone: 1-866 402. 3422

Current Provinces with Legislation in Place

British Columbia – Apology Act
Proclaimed May 18th 2008.

Alberta – Alberta Evidence Act
Proclaimed November 4th 2008.

Saskatchewan – The Evidence Act
Amendment was not proclaimed.

Manitoba – The Apology Act

Proclaimed on November 8th 2008