638Apology not admission of liability

638 Apology not admission of liability

(1) In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology—

(a) does not constitute an express or implied admission of liability for the death or injury; and

(b) is not relevant to the determination of fault or liability in connection with that proceeding.

(2) Subsection (1) applies whether the apology—

(a) is made orally or in writing; or

(b) is made before or after the civil proceeding was in contemplation or commenced.

(3) Evidence of an apology made by or on behalf of a person or the Institute in connection with any matter alleged to have been caused by the person or the Institute is not admissible in any civil or disciplinary proceeding as evidence of the fault or liability of the person or the Institute in connection with that matter.

(4) Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.