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Ottawa, 15 July 1993
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Taxation Order CRTC: 1993-5
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In re: Bell Canada - 1992 Construction Program Review
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Phillipa Lawson, for the Consumer Fight Back Association, the Ontario Coalition Against Poverty and the National Anti-Poverty Organization (CFBA et al.).
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Bernard Courtois, for Bell Canada.
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TAXATION OF COSTS OF CFBA et al.
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Taxing Officer: Carolyn Pinsky
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This order constitutes the taxation of costs awarded to CFBA et al. in the case of Bell Canada - 1992 Construction Program Review, Telecom Decision CRTC 1993-4, 16 April 1993. Costs were awarded to CFBA et al. pursuant to Telecom Costs Order CRTC 93-1, 1 February 1993.
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CFBA et al. filed its Bill of Costs on 15 February 1993 in the amount of $15,015.31, consisting of $6,280.00 in counsel fees, $7,513.42 in consultant's fees and disbursements, $257.61 in general disbursements, and $964.28 in GST.
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By letter dated 11 March 1993, Bell Canada advised the Commission that it did not object to the taxation of costs in the amount submitted by CFBA et al.
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I will allow the amounts as claimed, except as set out below.
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Counsel Fees
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In its Bill of Costs, CFBA et al. claimed an hourly rate of $100 for its legal counsel, Ms. Lawson. I note that in Taxation Order 1993-4 (Order 1993-4) Ms. Lawson's preparation time in relation to the AGT Limited 1992 Revenue Requirement Proceeding and Construction Program Review (CPR) was taxed at an hourly rate of $95.00, and her time spent in attendance at the hearing was taxed at a per diem rate of $590.00. The public hearing for the AGT Limited proceeding took place during the latter two weeks of February, 1992, several months prior to the Bell Canada 1992 CPR meeting, which was held on 9 and 10 June 1993. The Taxing Officer noted in Order 1993-4 that the proceeding marked Ms. Lawson's first involvement in both a CPR and a revenue requirement proceeding.
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Taking into account the experience gained by Ms. Lawson in the AGT Limited 1992 proceeding, as well as the inflation rate (calculated on an annualized basis) for the period between the two proceedings, I have taxed Ms. Lawson's fees for her preparation time based on an hourly rate of $100.00, and at a per diem rate of $630.00 for counsel's attendance at the CPR meeting. In setting Ms. Lawson's rates at these levels, I have considered the rates awarded to junior counsel in previous Taxation Orders.
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CFBA et al. has claimed 48.7 hours for its counsel's preparation time (including 11 hours for preparation of final argument) and 11 hours for time spent by counsel at the CPR meeting. I find the number of hours claimed for preparation time to be excessive. In arriving at this conclusion, I have taken into account a combination of several factors: firstly, the CFBA et al. engaged a consultant, Mr. John Todd, to assist legal counsel in her preparation. Mr. Todd has claimed 49.4 hours of preparation time. Secondly, I have considered that the increase in the rate at which counsel's fees have been taxed in this Order was allowed in recognition, in part, of her additional experience in proceedings before the Commission. The value of additional experience should include, among other things, a more efficient use of time relative to the service provided by counsel with less experience. I have also taken into account the scope of CFBA et al.'s involvement in the proceeding, which focused on three specific issues. In addition, I note that Ms. Lawson claimed 21.3 hours in preparation time, in addition to the 3.1 hours preparation claimed by Mr. Ian Lawson, for the two-day AGT Limited 1992 CPR meeting. While the scope of CFBA et al's participation in the Bell Canada 1992 CPR was perhaps more extensive than the intervener's involvement in the AGT Limited 1992 CPR, the difference in the extent of the involvement does not justify a claim for more than double the amount of preparation time spent by counsel, particularly in light of the first and second considerations noted above.
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I note in passing that the ratio of hours claimed for preparation time to hours claimed for attendance, far exceeds that which has generally been allowed in previous Taxation Orders, and in particular, in Taxation Orders relating to proceedings of similar duration and complexity.
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Accordingly, I have allowed 40 of the 48.7 hours claimed for counsel's preparation time. I have calculated the time spent by counsel in attendance at the CPR meeting at a per diem rate, based on a 7-hour day, of $630.00 for 1.6 days, representing the 11 hours claimed by CFBA et al.
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G.S.T. Credits
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CFBA et al., in its Bill of Costs, included an amount for Goods and Services Tax (G.S.T.) at a rate of 7% in respect of both fees and disbursements. In her affidavit filed with the Bill of Costs, Ms. Vera Hrebacka stated that the Public Interest Advocacy Centre is entitled to a rebate of 50% of all G.S.T. paid in the course of its business. Accordingly, I have allowed an amount for the reimbursement of G.S.T. at a rate of 3.5% for the services rendered by counsel, the consultant and where applicable for the expenses incurred.
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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: $5,008.00
G.S.T.: $175.28
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Consultant: $7,513.42
G.S.T.: $262.97
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Disbursements
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General: $257.61
G.S.T.: $4.87
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Total Fees and Disbursements, inclusive of GST $13,222.15
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Carolyn Pinsky
Counsel
Canadian Radio-television and Telecommunications Commission
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