In this case, the Plaintiff sued the Defendant after he was pushed in a parking lot and broke some teeth. The Plaintiff brought a motion for summary judgment and delivered an affidavit which included correspondence between his father and the Defendant’s father. In the correspondence, the Defendant’s father apologized for the injury. The Plaintiff took the position that the apology was an admission of liability. Pursuant to the Apology Act, 2009, S.O. 2009, c.3, Justice Charney found that the portions of the affidavit relying on the apology were inadmissable and could not be taken into account in determining liability.
