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Ottawa, 21 April 1987
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Taxation Order CRTC: 1987-3
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In re: British Columbia Telephone Company - Construction Program Review, CRTC Telecom Public Notice 1986-52 and Telecom Costs Order CRTC 87-2
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Richard J. Gathercole, for the Federated Anti-Poverty Groups of B.C., the B.C. Old Age Pensioners' Organization, the Council of Senior Citizens' Organization and the Senior Citizens' Association (FAPG et al)
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Catherine A. Floe, for British Columbia Telephone Company (B.C. Tel)
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TAXATION OF COSTS OF FAPG ET AL
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Taxing Officer:
Greg van Koughnett
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This order constitutes the taxation of costs awarded to FAPG et al in the case of British Columbia Telephone Company - Construction Program Review announced in CRTC Telecom Public Notice 1986-52. Costs were awarded to FAPG et al by Telecom Costs Order CRTC 87-2, dated 29 January 1987, in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure.
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FAPG et al submitted a Bill of Costs in the amount of $3,777.90, consisting of counsel fees of $1,380.00, legal assistant fees of $2,330.00 and disbursements of $67.90. 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 objected to the rates claimed by FAPG et al for preparation and attendance at the review meeting by counsel. FAPG et al claimed a rate of $160.00 per hour for preparation and $900.00 per day for attendance. B.C. Tel noted that Taxation Order 1986-3, dated 8 May 1986 and issued pursuant to the 1985 B.C. Tel construction program review, allowed FAPG et al counsel fees at a rate of $105.00 per hour for preparation and $850.00 per day for attendance. B.C. Tel stated that the percentage increases in these rates claimed by FAPG et al were excessive. B.C. Tel also submitted that the rates claimed did not conform to the Commission's practice of awarding lower rates per diem for preparation than for attendance. Accordingly, B.C. Tel submitted that counsel fees for preparation and attendance should be allowed at $110.00 per hour and $850.00 per day, respectively.
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In reply, FAPG et al submitted that the rate for preparation claimed for counsel in its Bill of Costs was not excessive in light of the award of $150.00 per hour for preparation by counsel for the National Anti-Poverty Organization (NAPO) in Taxation Order 1987-1, dated 19 January 1987. FAPG et al noted that its counsel has 15 years at the bar, as compared to 13 years for NAPO's counsel. FAPG et al also noted that its previous rates of $105.00 per hour for preparation and $850.00 per day for attendance were established in Taxation Order 1985-4, dated 20 September 1985, which arose from a rate hearing held early in 1985. It submitted that, in view of the passage of a significant amount of time and the increase in expertise of its counsel, the increased hourly and daily rates claimed are reasonable. FAPG et al disputed B.C. Tel's submission that the rates claimed do not conform to the Commission's practice of awarding a lower rate per diem for preparation than for attendance. It also stated that conformity was not relevant, as the taxing officer in Taxation Order 1987-1 taxed both preparation and attendance at a rate of $150.00 per hour.
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I have decided that the hourly rate awarded for preparation by counsel for NAPO in Taxation Order 1987-1 is relevant in determining the quantum of fees to be awarded to FAPG et al in respect of preparation by its counsel in this proceeding. I have concluded that a rate of $160.00 per hour is reasonable for counsel with 15 years at the bar in light of the finding in Taxation Order 1987-1 that $150.00 per hour represented a fair rate for counsel with 13 years experience. Accordingly, I will allow the amount requested for preparation by counsel, namely, $480.00, consisting of 3 hours of preparation taxed at $160.00 per hour.
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Having found $160.00 to be a reasonable hourly rate for preparation by counsel, I conclude that a $900.00 daily rate for attendance at the meeting by counsel is clearly not excessive. Therefore, I will allow the amount requested for attendance by counsel at the review meeting, namely, $900.00, consisting of 1 day taxed at $900.00 per day.
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Total fees allowed for counsel, therefore, amount to $1,380.00.
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Fees for Legal Assistant
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B.C. Tel objected to the rates claimed by FAPG et al for preparation and attendance at the review meeting by the legal assistant. FAPG et al claimed a rate of $35.00 per hour for preparation and $250.00 per day for attendance. B.C. Tel noted that Taxation Order 1986-3, dated 8 May 1986 and issued pursuant to the 1985 B.C. Tel construction program review, allowed FAPG et al legal assistant fees at a rate of $27.50 per hour for preparation and $210.00 per day for attendance. It submitted that the percentage increases in these rates claimed by FAPG et al were excessive. Accordingly, B.C. Tel submitted that fees for preparation and attendance by the legal assistant should be allowed at $29.00 per hour and $220.00 per day, respectively.
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In reply, FAPG et al submitted that two years have passed since the rates were first established in Taxation Order 1985-41985-4, dated 20 September 1985, and in view of this and the resultant increase in expertise of the legal assistant, the increased hourly and daily rates claimed are reasonable.
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I have decided that the starting point for determining the quantum of fees to be awarded to FAPG et al in respect of the preparation and attendance of its legal assistant for this proceeding should be the amounts awarded in Taxation Order 1986-3, with increments for inflation and added experience. I find the increase claimed by FAPG et al to be excessive, and I have decided to allow rates of $31.50 per hour for preparation and $240.00 per day for attendance, which incorporate reasonable increases for inflation and added experience.
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B.C. Tel also objected to the number of hours claimed for preparation by the legal assistant. FAPG et al claimed 48 hours of preparation time for the 2.6 day meeting. FAPG et al noted, in reply, that more preparation time was required by the assistant than the norm of two days preparation per one day of hearing, because counsel was present for only 1 day of the hearing and claimed only 3 hours of preparation time.
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I have noted that the 48 hours of preparation time for the legal assistant claimed by FAPG et al exceeds marginally the relationship allowed in Taxation Order 1984-21984-2 of two days preparation per day of hearing. However, I am easily persuaded to allow the full amount of time requested by virtue of the fact that a correspondingly small amount of preparation time was claimed for counsel to FAPG et al in this matter. In fact, I note that for the 1985 construction program review, which lasted 2 days, counsel was allowed 5 hours of preparation time and the full 2 days for attendance at the meeting. in Taxation Order 1986-3.
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Accordingly, I will allow $2,136.00 in legal assistant fees, consisting of 48 hours of preparation taxed at $31.50 per hour and 2.6 days of attendance taxed at $240.00 per day.
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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, $67.90, and I will allow them as claimed.
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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 $1,380.00
Legal Assistant 2,136.00
$3,516.00
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Disbursements
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Duplication $ 15.20
Courier and Postage 50.95
Parking 1.75
$67.90
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Total Fees and Disbursements $ 3,583.90
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Greg van Koughnett
Associate General Counsel Telecommunications
Canadian Radio-television and Telecommunications Commission
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