ARCHIVED -  Taxation Order CRTC 98-11

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Taxation Order

Ottawa, 28 July 1998
Taxation Order CRTC 98-11
In re: Local Pay Telephone Competition, Telecom Decision CRTC 98-8 and Telecom Costs Order CRTC 98-8
Reference: 8650-C12-01/97
1.Patricia L. MacDonald for the B.C. Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of B.C., Federated Anti-Poverty Groups of B.C., Senior Citizens' Association of B.C., West End Seniors' Network, End Legislated Poverty, B.C. Coalition for Information Access and Tenants' Rights Action Coalition (BCOAPO et al.)
2.D.E. Henry for Stentor Resource Centre Inc. (Stentor).
3.Taxing Officer: Geoff Batstone
4.This Order constitutes the taxation of costs awarded to BCOAPO et al. in the proceeding leading to Local Pay Telephone Competition, Telecom Decision CRTC 98-8, 30 June 1998.
5.Costs were awarded to BCOAPO et al. in Telecom Costs Order CRTC 98-8, 24 April 1998 (Costs Order 98-8) in accordance with section 44 of the CRTC Telecommunications Rules of Procedure. However, Costs Order 98-8 limited BCOAPO et al. to recovering costs reasonably and necessarily incurred for their participation prior to the preparation and filing of submissions.
6.By letter dated 21 May 1998, BCOAPO et al. submitted a Bill of Costs and Affidavit of Disbursements for their participation in this proceeding prior to the preparation and filing of submissions. BCOAPO et al. claimed a total of $801.98 consisting of $718.20 in legal fees, and $83.78 in disbursements. The claim for legal fees represents four hours for reviewing the file as well as one quarter hour each for the preparation of BCOAPO et al.'s costs and taxation applications. I note that Costs Order 98-8 was issued prior to the effective date of the Commission's Legal Directorate's revised Guidelines for the Taxation of Costs. Accordingly, BCOAPO et al.'s Bill of Costs will be taxed under the original Guidelines (the Guidelines).
7.In a letter dated 5 June 1998, Stentor stated that it has no comments to make in respect of BCOAPO et al.'s Bill of Costs.
8.I note that the rate claimed for counsel to BCOAPO et al. ($140 per hour) is consistent with the rate set out in the Guidelines for counsel of her experience. Moreover, I accept this rate as appropriate. I also consider that the amount of time claimed by counsel in respect of reviewing the file and participating in the costs and taxation process to be reasonable, and necessarily incurred. I will therefore allow these amounts as claimed.
9.As noted above, BCOAPO et al. claimed a total of $83.78 in respect of disbursements including in-house photocopies, long distance phone/fax, and postage. I also consider the amounts claimed to be appropriate in the circumstances of this case, and will allow them as claimed.
10.I hereby tax the fees and disbursements, including tax, as follows:
Legal fees for Ms. MacDonald $718.20
In-house photocopies 0.96
Long Distance (phone/fax) 80.42
Postage 2.40
Grand Total $801.98
11.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 98-8 in the proportions set out therein.
Geoff Batstone
Legal Counsel
This document is available in alternative format upon request.
Date modified: