ARCHIVED -  Taxation Order CRTC 98-16

This page has been archived on the Web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, 24 November 1998
Taxation Order CRTC 98-16
File No.: 8622-C12-01/97
1.Michael Janigan, counsel for the Public Interest Advocacy Centre (PIAC).
2.Denis E. Henry for Stentor Resource Centre Inc. (Stentor).
3.Taxation Officer: Margot Patterson
4.This Order constitutes the taxation of costs awarded to PIAC in the proceeding leading to Regulatory Regime for the Provision of International Telecommunications Services, Telecom Decision CRTC 98-17, 1 October 1998.
5.Costs were awarded to PIAC in Telecom Costs Order CRTC 98-17, 10 September 1998 (Costs Order 98-17) in accordance with section 44 of the CRTC Telecommunications Rules of Procedure.
6.By letter dated 1 October 1998, PIAC submitted a Bill of Costs and Affidavit of Disbursements for its participation in this proceeding. PIAC claimed a total of $12,267.46, consisting of $3,856.41 in legal fees for its legal counsel Mr. Janigan, $8,147.52 for its consultants, and $263.53 in disbursements. I understand that PIAC is entitled to a 50% GST rebate as was indicated in the Affidavit of Disbursements of Mr. Janigan.
7.In a letter dated 15 October 1998, Stentor stated that it had no comments to make in respect of PIAC's Bill of Costs.
a) Counsel Fees
8.As noted above, PIAC claimed a total of $3,856.41 in fees for its legal counsel Mr. Janigan. This amounts to a total of 16.2 hours at $230.00 per hour. I note that the rate claimed is consistent with the rate set out in the Commission's Legal Directorate's Guidelines for the Taxation of Costs (the Guidelines) for legal counsel of his experience. Moreover, I accept that this rate is appropriate. I also consider the amount of time claimed in respect of each activity to be reasonable. I will therefore allow these amounts as claimed.
b) Consultant Fees
9.PIAC claimed a total of $8,147.52 for its consultants, Mr. Todd and Ms. Luciani-Marzo. This amount represents a claim for Mr. Todd of 25 hours at an hourly rate of $160.00, and a claim for Ms. Luciani-Marzo of 48.4 hours at an hourly rate of $80.00. The rates claimed are in accordance with the rates specified in the Guidelines. I consider these rates to be appropriate in the circumstances and I allow these rates as claimed. I also accept the amount of time claimed in respect of each activity to be reasonable. I will therefore allow these amounts as claimed.
10.PIAC claimed $263.53 in respect of in-house photocopies, courier service, long distance telephone calls and two publications. I consider this amount to be appropriate in the circumstances of this case, and will allow it as claimed.
11.I hereby tax the fees and disbursements of PIAC as follows:
Legal Counsel Fees
Mr. Janigan $3,856.41
Consultant Fees
Mr. Todd $4,140.00
Ms. Luciani-Marzo $4,007.52
Total Fees $12,003.93
Total Disbursements $263.53
Total Payable $12,267.46
12.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 98-17 in the proportions set out therein.
Margot Patterson
Taxing Officer
Canadian Radio-television and
Telecommunications Commission
This document is available in alternative format upon request.
Date modified: