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w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 8 9 admission of fault or liability being admis- sible in a court as evidence of a person's fault or liability or voiding or reducing the coverage to which an insured is entitled. Jolin-Barrette says he is convinced that the notion behind his bill — which he promises to reintroduce in the next session of the provincial legislature and even make into an election issue this fall — is a missing and needed link on Que- bec's legal landscape since early 2016, when the new Code of Civil Procedure came into effect. "Often, people go to court on a ques- tion of principle [and] want an apology for the wrong they've suffered more than they do damages and interest," says Jolin- Barrette. First passed in Massachusetts in 1986, so-called apology legisla- tion has since been passed by three dozen American states and most Canadian provinces, beginning with British Colum- bia in 2006. Only Quebec, New Brunswick, Prince Edward Island and the Yukon have failed to pass similar legislation. In Quebec, a few members of the Quebec bar have been quietly lobbying for years for an apology law in the province. "I think the timing now is right," says Jean Saint-Onge, a class actions lawyer and senior counsel with Borden Ladner Ger- vais in Montreal. He and cross-town col- league Robert-Jean Chénier of McCarthy Tétrault were part of a subcommittee of the Quebec bar's Committee on Participatory Justice that recommended the adoption of apology legislation in Quebec in 2011. "In the current state of law in Quebec, a person or a company wishing to apologize for a contravention does so at their own risk and peril," says Saint-Onge, who met Jolin-Barrette after Bill 1096 was tabled to offer his support and assistance to help get the legislation passed. According to Saint-Onge, who acted for Maple Leaf Foods in Quebec in the aftermath of the deadly listeriosis outbreak in 2008 that killed 22 people — a public health crisis that the company publicly apologized for even before Ontario passed its Apology Act in 2009 — Quebec is over- due for a law that permits apologies to be used as a tool for the resolution of cases. A spokesperson for outgoing Quebec Justice Minister Stéphanie Vallée, who announced earlier this year that she will not seek re-election on Oct. 1, said the minister has supported "throughout her mandate" initiatives aimed at increasing access to justice, notably Bill 168, which was also recently tabled but never passed into law. "That bill," wrote the spokesper- son in an email, "was discussed within the legal community before the tabling of Bill 1096 [and] the minister is examining adjustments" that could lead to the bill's enactment either as a law or an amend- ment to Bill 168's provisions. — MARK CARDWELL \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP Jean Saint-Onge OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION Family Law Updates for Fall 2018 Experts in Family Law: Critical Issues & Practical Strategies Counsel are increasingly relying upon experts to advance their clients' interests. Understanding how to make effective use of your expert is critical. This is your opportunity to learn from the experts and get the latest information and tools you need to succeed. Learn more at osgoodepd.ca/familylaw OCTOBER 15, 2018 9:00 a.m. - 4:00 p.m. In Person or Webcast NOVEMBER 12, 2018 9:00 a.m. - 4:00 p.m. In Person or Webcast 8th Annual Recent Developments in Advanced Issues in Child and Spousal Support This is not a quick summary of the year in review. Rather, it is an in-depth analysis of the critical issues confronting the family law bar. Get what you need to know from the leading family law counsel and judges. Learn more at osgoodepd.ca/childspousal ntitled-8 1 2018-07-18 2:52 PM

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