Akwasi Owusu v. RBC General Insurance Company, 2008 ONFSCDRS 190

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2008 ONFSCDRS 190

FSCO A08-000293

BETWEEN:

AKWASI OWUSU

Applicant

and

RBC GENERAL INSURANCE COMPANY

Insurer

PRE-HEARING DECISION

Before: Fred Sampliner

Heard: August 21, 2008, at the offices of the Financial Services Commission of Ontario in Toronto. Insurer’s written submissions were received on September 19, 2008

Appearances: Margaret (Rita) Gratsias for Mr. Owusu

Mr. David Levy for RBC General Insurance Company

Issues:

The Applicant, Akwasi Owusu, was injured in a motor vehicle accident on December 31, 2006. An arbitration hearing concerning his claims for statutory accident benefits from RBC General Insurance Company (“RBC”), payable under the Schedule¹, is scheduled to commence on March 23, 2009 at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended. At the August 21, 2008 pre-hearing, Mr. Owusu refused to produce his 2006 and 2007 tax returns to RBC.

The issues are:

Should Mr. Owusu produce his 2006 and 2007 tax returns to RBC?

Result:

Mr. Owusu should produce his 2006 and 2007 tax returns to RBC.

EVIDENCE AND ANALYSIS:

Mr. Owusu claims he was the primary caregiver of his three young children at the time of the accident, and continues to suffer a substantial inability performing his caregiver duties as a result of his accident injuries. RBC seeks a production Order for Mr. Owusu’s pre-accident and post-accident tax returns because the deductions for his child care expenses are directly relevant to his claim for payment of caregiver benefits under Part IV of the Schedule.

RBC filed written submissions to support its request for an Order. Mr. Owusu has not filed written submissions responding to RBC’s request, and he did not cite any reasons or case law to support his objection to production of these records at the pre-hearing.

I accept RBC’s submission that Mr. Owusu’s 2006 and 2007 income tax returns may shed light on the amount of his pre-accident and post-accident child care expense deductions. I find that Mr. Owusu’s child expense deductions shown on his tax returns and the T778 forms are directly relevant to his claim that he is the primary caregiver for his children and incurred caregiver expenses after the accident.

Therefore, I find that RBC’s request for production of Mr. Owusu’s 2006 and 2007 general income tax returns with the Form T778 is reasonable, and that he shall produce these records by December 31, 2008.

EXPENSES:

The expenses of this motion are deferred to the hearing arbitrator.

December 1, 2008

Fred Sampliner

Arbitrator

Date