ARCHIVED -  Taxation Order CRTC 98-12

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Taxation Order

Ottawa, 28 July 1998
Taxation Order CRTC 98-12
In re: Local Pay Telephone Competition, Telecom Decision CRTC 98-8 and Telecom Costs Order CRTC 98-11
Reference: 8650-C12-01/97
1.Marnie McCall for the Consumers' Association of Canada (CAC).
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 CAC in the proceeding leading to Local Pay Telephone Competition, Telecom Decision CRTC 98-8, 30 June 1998.
5.Costs were awarded to CAC in Telecom Costs Order CRTC 98-11, 24 April 1998 (Costs Order 98-11) in accordance with section 44 of the CRTC Telecommunications Rules of Procedure.
6.By letter dated 16 June 1998, CAC submitted a Bill of Costs and Affidavit of Disbursements for its participation in this proceeding. CAC claimed a total of $1,232.83 consisting of $1,200.00 in legal fees for its in-house legal counsel Ms. McCall, and $32.83 in disbursements. The claim for legal fees represents a total of two hours at $600 per hour. The $32.83 claimed in respect of disbursements was incurred for long distance phone and facsimile calls. I note that Costs Order 98-11 was issued prior to the effective date of the Commission's Legal Directorate's revised Guidelines for the Taxation of Costs. Accordingly, CAC's costs will be taxed under the original Guidelines (the Guidelines).
7.In a letter dated 30 June 1998, Stentor stated that it has no comments to make in respect of CAC's Bill of Costs.
8.I note that the rate claimed for counsel to CAC is consistent with the rate set out in the Guidelines for in-house counsel of her experience. Moreover, I accept this rate as appropriate. I also consider that the amount of time claimed by counsel to be reasonable, and necessarily incurred. I will therefore allow the amount claimed in respect of legal fees.
9.As noted above, CAC claimed $32.83 in disbursements for long distance phone and facsimile calls. I consider this amount to be appropriate in the circumstances of this case, and will allow it as claimed.
10.I hereby tax the fees and disbursements, including PST and 50% GST where applicable, as follows:
Legal fees for Ms. McCall $1,200.00
Disbursements - long distance $32.83
Grand Total $1,232.83
11.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 98-11 in the proportions set out therein.
Geoff Batstone
Legal Counsel
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