ARCHIVED - Taxation Order CRTC 2000-9

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Taxation Order CRTC 2000-9

 

Ottawa, 19 December 2000

 

Subject: Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters - Telecom Public Notice CRTC 99-21, Costs Order CRTC 2000-14

 

Reference: 8622-N1-04/99

 

Philippa Lawson for the Consumers' Association of Canada and the National Anti-Poverty Organization (CAC/NAPO)

 

Taxation of costs of CAC/NAPO

 

Taxing Officer: Leanne Bennett

1.

This order constitutes a taxation of costs awarded to CAC/NAPO in the proceeding initiated by Telecom Public Notice CRTC 99-21, Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters.

2.

Costs were awarded to CAC/NAPO pursuant to Costs Order CRTC 2000-14, dated 12 September 2000, in accordance with section 44 of the CRTC Telecommunications Rules of Procedure. Pursuant to that order, costs are to be paid by Northwestel Inc.

3.

By letter dated 3 October 2000, CAC/NAPO submitted a Bill of Costs and an affidavit of disbursements, claiming a total amount of or $110,224.35 in fees and $15,105.48 for disbursements.

4.

By letter dated 20 October 2000, Northwestel stated that it had no comment on the amounts claimed by CAC/NAPO.

 

Fees

 

a) Counsel fees

5.

CAC/NAPO claimed a total of $31,878 in fees for its legal counsel, Philippa Lawson, based on 136 hours of preparation time, 39 hours of attendance time and 1 hour procedural time at an hourly rate of $175. The hourly rate claimed is within the rates specified in the Commission's Legal Directorate's Guidelines for the Taxation of Costs. I consider this rate to be appropriate and will allow the rate as claimed.

 

b) Consultants' fees

6.

CAC/NAPO claimed a total of $13,806.90 in fees for its consultants, consisting of $12,316.50 for Mr. John Todd and $1,490.40 for Ms. Anna Luciani-Marzo. With respect to Mr. Todd, CAC/NAPO claimed 68 hours of preparation time at a rate of $175 per hour. CAC/NAPO claimed 16 hours of preparation time for Ms. Luciani-Marzo at a rate of $90 per hour. The hourly rates claimed are within the guidelines for the participation of consultants. I consider these rates to be appropriate and will allow the rates as claimed.

 

c) Expert witnesses' fees

7.

CAC/NAPO claim a total of $64,539.45 in fees for its expert witnesses, Dr. Michael Berkowitz and Dr. Laurence Booth. With respect to Dr. Berkowitz, CAC/NAPO claimed 181.5 hours of preparation time at a rate of $175 per hour and 1.25 days of attendance time at a rate of $1,300 per day. With respect to Dr. Booth, CAC/NAPO claimed 150.17 hours of preparation time and 0.5 days hearing time at the same rates. These rates are within the guidelines for the participation of expert witnesses. I consider these rates to be appropriate and will allow them as claimed.

 

Preparation, attendance and procedural time

8.

In determining whether the time claimed was reasonably and necessarily incurred in the circumstances, I have compared the claim here to claims in a variety of previous proceedings. I note that previous proceedings are not directly comparable. However, considering the complexity of this proceeding and the nature and scope of CAC/NAPO's participation in the context of their participation in previous proceedings, I consider that the time claimed was reasonably and necessarily incurred in the circumstances. CAC/NAPO participated actively and extensively in each stage of the proceeding, preparing and responding to interrogatories, preparing submissions on a number of complex issues and participating in the oral phase of the hearing including, notably, cross-examination. Thus, I will allow the hours claimed as presented.

 

Disbursements

9.

CAC/NAPO claimed a total of $15,105.48 in disbursements, including tax. I am satisfied that all disbursements were reasonable and necessary and I will allow them as claimed.

 

Costs as taxed

10.

I hereby tax the fees and disbursements of CAC/NAPO, inclusive of applicable taxes, as follows:

Counsel fees

 

Ms. Philippa Lawson

$ 31,878.00

 

Consultants' fees

 

Mr. John Todd

$ 12,316.50

 

Ms. Anna Luciani-Marzo

$ 1,490.40

 

Expert witnesses' fees

 

Dr. Michael Berkowitz

$ 35,724.62

 

Dr. Laurence Booth

$ 28,814.83

 

Disbursements

 

In-house photocopies

$ 478.65

 

Other photocopies, printing and binding

$ 870.77

 

Postage/Courier

$ 899.15

 

Long distance (telephone/fax)

$ 219.13

 

Transcripts

$ 3,110.49

 

Air travel

$ 4,631.33

 

Inter-city train or bus travel

$ 111.53

 

Intra-city taxi/bus/train

$ 239.00

 

Accommodation

$ 3,349.69

 

Other disbursements

$ 119.71

 

Meals

$ 1,488.00

 

Less applicable GST rebate

$ 411.97

 

Total disbursements

$ 15,105.48

 

Total fees and disbursements

$125,329.83

The costs as taxed shall be paid by Northwestel.

 

Taxing officer
Leanne Bennett

 

Secretary General

 

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca 

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