ARCHIVED -  Taxation Order CRTC 98-13

Taxation Order

Ottawa, 28 July 1998

Taxation Order CRTC 98-13

In re: Local Pay Telephone Competition, Telecom Decision CRTC 98-8 and Telecom Costs Order CRTC 98-10

Reference: 8650-C12-01/97

1.James A. Wachowich for the Consumers' Association of Canada, Alberta Branch(CACAlta).

2.D.E. Henry for Stentor Resource Centre Inc. (Stentor).

TAXATION OF COSTS OF CACAlta

3.Taxing Officer: Geoff Batstone

4.This Order constitutes the taxation of costs awarded to CACAlta in the proceeding
leading to Local Pay Telephone Competition, Telecom Decision CRTC 98-8, 30 June 1998.

5.Costs were awarded to CACAlta in Telecom Costs Order CRTC
98-10, 24 April 1998 (Costs Order 98-10) in accordance with section 44 of the CRTC
Telecommunications Rules of Procedure.

6.By letter dated 22 May 1998, CACAlta submitted a Bill of Costs and Affidavit of
Disbursements for its participation in this proceeding. CACAlta claimed a total of $3,375.92
consisting of $1,498.01 in legal fees, $1,775.77 in consultant fees, and $102.14 in disbursements.
I note that Costs Order 98-10 was issued prior to the effective date of the Commission's Legal
Directorate's revised Guidelines for the Taxation of Costs. Accordingly, CACAlta'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 CACAlta's Bill of Costs.

Fees - Legal Counsel and Consultant

8.As noted above, CACAlta claimed a total of $1,498.01 in fees for its legal counsel
Mr. Wachowich. This amount represents a total of 8 hours at $175.00 per hour. I note that the
rate claimed is consistent with the rate set out in the Guidelines for legal counsel of his
experience. Moreover, I accept that this rate is appropriate. I also consider that the amount of
time claimed in respect of each activity was reasonably and necessarily incurred. I will therefore
allow these amounts as claimed.

9.CACAlta also claimed a total of $1,775.77 for its consultant Mr. Jeffrey Jodoin. This
amount represents a total of 13.83 hours at $120 per hour. The rate claimed for Mr. Jodoin is
also consistent with the rate set out in the Guidelines for a consultant of his experience. I
consider both the rate and the amount of time claimed to be appropriate in the circumstances of
this case and accordingly will allow them as claimed.

Disbursements

10.CACAlta claimed $102.14 in respect of long distance telephone and facsimile calls. I
consider this amount to be appropriate in the circumstances of this case, and will allow it as
claimed.

COSTS AS TAXED

11.I hereby tax the fees and disbursements, including tax, as follows:

Legal and Consultant Fees

Mr. Wachowich $ 1,498.01
Mr. Jodoin 1,775.77

Disbursements

Long Distance (phone/fax) 102.14

Grand Total $ 3,375.92

12.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 98-
10 in the proportions set out therein.

Geoff Batstone
Legal Counsel

This document is available in alternative format upon request.

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