The appellant, who suffered catastrophic injuries in a motor vehicle accident, appealed an interlocutory order of the Licence Appeal Tribunal requiring him to produce the personal and corporate tax records of his housekeeper.
The insurer sought the records to determine if the housekeeper suffered an economic loss.
The Divisional Court found the appeal was not premature because the order was fatally flawed.
The Adjudicator erred in law by finding without evidence that the housekeeper was the appellant's spouse, by requiring evidence of economic loss when the appellant claimed the services were provided in the ordinary course of the housekeeper's employment, and by ordering production of third-party records outside the appellant's control.
The appeal was granted and the production order was set aside.
