ARCHIVED -  Taxation Order CRTC 98-14

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Taxation Order

Ottawa, 28 July 1998
Taxation Order CRTC 98-14
In re: Local Pay Telephone Competition, Telecom Decision CRTC 98-8 and Telecom Costs Order CRTC 98-9
Reference: 8650-C12-01/97
1.Michael Janigan for the Public Interest Advocacy Centre (PIAC).
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 PIAC in the proceeding leading to Local Pay Telephone Competition, Telecom Decision CRTC 98-8, 30 June 1998.
5.Costs were awarded to PIAC in Telecom Costs Order CRTC 98-9, 24 April 1998 (Costs Order 98-9) in accordance with section 44 of the CRTC Telecommunications Rules of Procedure.
6.By letter dated 27 May 1998, PIAC submitted a Bill of Costs and Affidavit of Disbursements for its participation in this proceeding. PIAC claimed a total of $9,639.47 consisting of $6,474.96 in legal fees for its legal counsel Mr. Janigan, $3,100.00 in fees for its expert witness, Dr. Mark Cooper, and $64.51 in disbursements.
7.In a letter dated 10 June 1998, Stentor noted that Costs Order 98-9 was issued prior to 15 May 1998, the effective date of the Commission's Legal Directorate's revised Guidelines for the Taxation of Costs (the revised Guidelines). Stentor noted that PIAC had claimed costs for Dr. Cooper at the higher revised rate and submitted that the rate which is applied to the expert witness fees should properly be that in effect at the date of the decision to award costs to PIAC.
8.On 17 June 1998, PIAC submitted an amended Form II - Summary of Expert Witness fees, claiming a revised total of $3,500.00 in fees for Dr. Cooper. The amendments relate to the number of hours claimed as opposed to the rate.
Legal and Expert Witness Fees
9.As noted above, counsel to PIAC claimed a total of $6,474.96 in fees consisting of 27.2 hours at $230.00 per hour. I note that the rate claimed is consistent with the rate set out in the Guidelines for counsel of Mr. Janigan's experience. Moreover, I accept this rate as appropriate. I have also examined the amount of time claimed by Mr. Janigan with reference to PIAC's participation in this proceeding, and consider it to have been reasonably and necessarily incurred . Accordingly, I will allow the full amount claimed in respect of legal fees.
10.The amended claim of $3,500.00 for Dr. Cooper's participation represents 20 hours of work at $175.00 per hour. As noted above, Stentor objected to this rate. Costs Order 98-9 was issued prior to the effective date of the revised Guidelines. The covering letter to the revised Guidelines indicates that they "shall apply to all taxations made in respect of costs awarded by the Commission on or after 15 May 1998". In light of this statement, as well as the fact that the work in question was completed prior to the issuance of the revised Guidelines, I am of the view that PIAC's costs should be taxed under the original Guidelines. The rate in the original Guidelines for participation of an expert witness for a purpose other than testifying is $170.00 per hour. I consider this rate to be appropriate in the circumstances of this case. As I am of the view that the 20 hours claimed is also reasonable in the circumstances of this case, I will award a total of $3,400.00 for Dr. Cooper's participation in this proceeding.
11.As noted above, PIAC claimed a total of $64.51 in disbursements for in-house photocopies, postage/courier charges, and long distance telephone/facsimile calls. Having examined each of the amounts claimed, I am of the view that they are appropriate in the circumstances of this case, and will allow them as claimed.
12.I hereby tax the fees and disbursements, including PST and 50% GST where applicable, as follows:
Mr. Janigan $6,474.96
Dr. Cooper 3,400.00
In-house photocopies $ 3.75
Courier 40.13
Long distance phone/fax 22.64
Grand Total $9,941.48
13.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 98-9 in the proportions set out therein.
Geoff Batstone
Legal Counsel
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