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Ottawa, 13 February 1985
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Taxation Order CRTC 1985-2
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In re: British Columbia Telephone Company, General Increase in Rates, Interim Rate Increase, Telecom Decision CRTC 84-16, 20 June 1984
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- and -
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R.J. Gathercole, for Federated Anti-Poverty Groups of B.C. and the B.C. Old Age Pensioners' Organization (FAPG et al)
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L.J. Dooling, for British Columbia Telephone Company (B.C. Tel)
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TAXATION OF COSTS
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Taxing Officer: Greg van Koughnett
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This taxation arises from Telecom Costs Order CRTC 84-3 (Costs Order 84-3), in which costs were awarded by the Commission to FAPG et al, an intervenor in the B.C. Tel construction program review meeting held on 17-18 January 1984, an integral part of the interim general rate increase proceeding which resulted in British Columbia Telephone Company, General Increase in Rates, Interim Rate Increae, Telecom Decision CRTC 84-16, 20 June 1984.
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FAPG et al submitted a bill of costs in the amount of $3,336.25, consisting of fees of $2,100.00 for counsel and $1,220.00 for his legal assistant, and disbursements of $16.25.
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In the course of the taxation which proceeded by way of written submissions, the following issues were raised and discussed by the parties.
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Counsel Fees
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B.C. Tel did not object to the amount of time claimed for preparation and attendance at the review meeting by counsel for FAPG et al, but did question the quantum of the counsel fee requested, namely $100.00 per hour for preparation and $800.00 per day for attendance. Citing the quantum of the counsel fees allowed CAC in the taxation of costs awarded in the same B.C. Tel construction program review meeting, B.C. Tel submitted that the amount awarded for preparation should be based on $650.00 per day and that the amount awarded for attendance at the hearing should be limited to $750.00 per day.
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In the taxation of costs awarded to FAPG et al in the 1983 B.C. Tel rate case, I accepted Mr. Gathercole's submission concerning the number of years that he has been called to the bar in comparison to counsel for CAC. In that case I allowed FAPG et al $95.00 per hour for preparation and $800.00 per day for attendance at the hearing. In the same case, I allowed CAC $650.00 and $750.00 per day for preparation and attendance at the hearing by counsel, respectively. I have concluded that the starting point for the quantum of the counsel fees to be awarded to FAPG et al in respect of this construction program review meeting should be the amounts awarded to FAPG et al in respect of the 1983 B.C. Tel rate case, with a small increment for inflation.
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Accordingly, I have decided to allow for preparation by counsel the amount requested, $100.00 per hour for five hours, totalling $500.00. I will allow for attendance at the hearing by counsel the amount requested, $800.00 per day for two days, totalling $1,600.00. Total counsel fees are taxed in the amount of $2,100.00.
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Legal Assistant
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With regard to the fees of the legal assistant, B.C. Tel did not object to the amount of time claimed for attendance at the hearing, but did question the amount of time claimed for preparation and the quantum of the fee requested, $30.00 per hour for preparation and $250.00 per day for attendance at the hearing. With reference to the amount of preparation time claimed, B.C. Tel submitted that there is no reason to vary from the established relationship of two days preparation for each day of hearing. On the subject of the quantum of the fee requested, B.C. Tel submitted that the hourly rate was greater than is paid to B.C. Tel's own legal assistants and argued that $20.00 per hour would be a "fair and reasonable allotment".
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In keeping with the relationship followed in previous taxations, of two days of preparation for each day of attendance at a hearing, I have concluded that the twenty-four hours requested for preparation falls within the established guideline. I have decided to allow a fee of $25.00 per hour for preparation by the legal assistant. I will therefore allow for preparation $25.00 per hour for the requested 24 hours, totalling $600.00. In assessing the appropriateness of the $250.00 per day fee claimed for attendance at the hearing, I have decided to apply to the hourly figure of $25.00 the ratio of the daily award for attendance by counsel at the hearing and the fee awarded per hour of preparation by counsel, namely 8:1. Accordingly, I have decided that a fee of $200.00 per day is warranted for attendance at the review meeting. I will therefore allow for attendance at the hearing by the legal assistant $200.00 per day for the requested two days, totalling $400.00. Total fees for the legal assistant are taxed in the amount of $1,000.00.
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Disbursements
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B.C. Tel did not object to the amounts claimed by FAPG et al for disbursements, namely $16.25.
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Costs as taxed
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I hereby tax the fees and disbursements as follows:
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Fees
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Counsel $2,100.00
Legal Assistant 1,000.00
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Disbursements 16.25
$3,116.25
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Greg van Koughnett
Associate General Counsel
Telecommunications
Canadian Radio-television and Telecommunications Commission
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