ARCHIVED -  Taxation Order CRTC 99-2

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Taxation Order

Ottawa, 19 July 1999
Taxation Order CRTC 99-2
File No.: 96-2376
1.Philippa Lawson for the Consumers' Association of Canada (CAC), the Fédération nationale des associations de consommateurs du Québec, and the National Anti-Poverty Organization (CAC et al.).
2.Taxing Officer: Carolyn Pinsky
3.This Order constitutes the taxation of costs awarded to CAC et al. for their participation in the CRTC Interconnection Steering Committee (CISC) from 1 September 1997 to 26 February 1999.
4.In Telecom Costs Order CRTC 99-2, 26 February 1999, (Costs Order 99-2) costs were awarded to CAC et al. in accordance with the Telecommunications Rules of Procedure. The Order also determined that the costs should be apportioned between the following respondents as follows:
Stentor Resource Centre Inc. 55%
Canadian Cable Television Association 13%
AT&T Canada LDS 4%
Bell Mobility 4%
Call-Net Enterprises 4%
Clearnet Communications Inc. 4%
MetroNet Communications Corp. 4%
Microcell Connexions Inc. 4%
Rogers Cantel 4%
TelcoPlus 4%
100 %
5.By letter dated 11 March 1999, CAC et al. submitted its Bill of Costs in the amount of $67,418.82, consisting of $8,096.57 in disbursements and $59,322.25 in professional fees.
6.No comments were received from any of the respondents for costs with respect to this Bill of Costs.
a) Counsel Fees
7.The applicant has claimed the amount of $58,322.25 for legal representation by counsel Ms. Lawson. The total of 322 hours claimed consists of 106 hours of preparation time, 211 hours for attendance, and 5 hours of procedural time, all at an hourly rate of $175. The rate claimed is in accordance with the rates specified in the CRTC Legal Directorate Guidelines for the Taxation of Costs (the Guidelines). I consider this rate to be appropriate in the circumstances and will allow the rate as claimed.
b) Analysts Fees
8.CAC et al. has claimed a total of $1,000.00 for the services of two in-house analysts, Ms. Marie Vallée and Ms. Nathalie St-Pierre. This amount includes one day of work for Ms. Vallée and one and a half days work for Ms. St-Pierre, both at a daily rate of $400. The rates claimed are in accordance with the rates specified in the Guidelines and I allow these rates as claimed.
Preparation and Procedural Time
9.The applicant has claimed a total of 322 hours of preparation and attendance for its counsel. The applicant participated in the CISC and Sub-Groups, concentrating its efforts on the Customer Transfer Sub-Working Group, the Coordinating Committee, the Master Agreement Subworking Group and Building Access, and Inside Wiring SWG. In assessing this claim, I considered the duration of the applicant's participation from 1 September 1997 to 26 February 1999 as well as the complexity and difficulty of the issues, and I find the claims to be reasonable. Accordingly, I will allow the 322 hours for preparation and attendance.
10.The applicant has also claimed 5 hours for the preparation of costs and taxation applications. I will allow the claim as presented.
11.The applicant has claimed two and a half days of work for in-house analysts consisting of one day of work for Ms. Vallée and one and a half days work for Ms. St-Pierre for preparation time. I find the claims to be reasonable and I will allow the claims.
12.In its Bill of Costs, the applicant has claimed a total of $8,096.57 for disbursements consisting of $1,414.04 for photocopies, postage/courier and long distance (telephone/fax); $1,190.29 for accommodation expenses; $3,620.62 for air travel; $637.56 for inter and intra-city transportation; $983.97 for office supplies and meeting room rental; and $480 for meals. I have reviewed the receipts submitted in support of these claims. I am of the view that the amounts claimed were reasonably and necessarily incurred and should be allowed.
13.I hereby tax the fees and disbursements of the applicant, inclusive of applicable taxes, as follows:
Legal Counsel Fees
Ms. Lawson $56,350.00
Applicable GST $3,944.50
Less 50% GST rebate $1,972.25
Analysts Fees
Ms. Nathalie St-Pierre $400.00
Ms. Marie Vallée $600.00
Total for Professional Fees $59,322.25
Photocopies $365.40
Other photocopies and binding $34.56
Postage/Courier $151.03
Long Distance $863.05
Office supplies $97.75
Meeting Room Rental $886.22
Air Travel $3,620.62
Inter and intra-city Transportation $637.56
Accommodation $1,190.29
Less 50% GST Rebate $229.91
Total excluding meals $7,616.57
Meals $480.00
Total Disbursements $8,096.57
Total Fees and Disbursements Owing $67 418.82
14.As noted above, the costs are to be paid forthwith by the respondents identified in Costs Order 99-2.
Carolyn Pinsky
Legal Counsel
Canadian Radio-television and Telecommunications Commission
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