ARCHIVED -  Taxation Order CRTC 99-3

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Taxation Order

Ottawa, 19 July 1999
Taxation Order CRTC 99-3
File No.: 8622-S1-03/98
1.Philippa Lawson for the Alberta Council on Aging, the Consumers' Association of Canada, the Fédération nationale des associations de consommateurs du Québec and the National Anti-Poverty Organization (ACA et al.).
2.Taxing Officer: Margot Patterson
3.This Order constitutes the taxation of costs awarded to ACA et al. in the proceeding initiated by Telecom Public Notice CRTC 98-10, Local Competition Start-Up Costs Proceeding, 12 May 1998.
4.In Telecom Costs Order CRTC 99-3, 10 March 1999 (Costs Order 99-3), costs were awarded to ACA et al. in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure, payable by Bell Canada, BC TEL, TELUS Communications Inc., Island Telecom Inc., MTS Communications Inc., Maritime Tel & Tel Limited, NBTel Inc., NewTel Communications Inc., AT&T Canada Long Distance Services Company, Call-Net Enterprises Inc., Rogers Cantel Inc., Clearnet Communications Inc., GT Group Telecom Networks Inc., Microcell Telecommunications and MetroNet Communications Group Inc.
5.On 18 March 1999, ACA et al. submitted its Bill of Costs in the amount of $19,611.53, consisting of $361.05 in disbursements and $19,250.48 in fees.
6.No comments were received with respect to the Bill of Costs submitted by ACA et al.
a) Counsel Fees
7.ACA et al. has claimed a total of $8,331.75 in fees for its legal counsel, Ms. Lawson, consisting of 45 hours of preparation time and 1 hour 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) Consultant Fees
8.ACA et al. claimed a total of $10,918.73 (inclusive of applicable taxes), for its consultants, Mr. Todd and Mr. Vandendries. This amount represents a claim for Mr. Todd of 42.9 hours at an hourly rate of $175, and a claim for Mr. Vandendries of 23.4 hours at an hourly rate of $130. The rates claimed for Mr. Todd and Mr. Vandendries are in accordance with the rates specified in the Guidelines. I consider these rates to be appropriate in the circumstances and will allow these rates as claimed.
Preparation and Procedural Time
9.ACA et al. has claimed a total of 112.3 hours of preparation and procedural time for its counsel and consultants. I find the claim to be reasonable and necessary in the circumstances. The proceeding consisted of several rounds of interrogatories, requests for public disclosure of information for which confidentiality had been claimed, requests for further responses, a comment round and a reply comment round. ACA et al. participated fully in all aspects of this proceeding. Accordingly, I will allow the 112.3 hours of preparation and procedural time claimed by ACA et al.
10.In its Bill of Costs, ACA et al. has claimed $361.05 for photocopies, postage/courier, long distance (telephone/fax), and research services. 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.
11.I hereby tax the fees and disbursements of ACA et al., inclusive of applicable taxes, as follows:
Legal Counsel Fees
Ms. Lawson $8,331.75
Consultants Fees
Mr. Todd $7,770.26
Mr. Vandendries $3,148.47
Total Fees $19,250.48
Photocopies $93.97
Postage/Courier $50.61
Long Distance $67.72
Research services $149.80
Consultants' Long Distance $9.70
Less 50% GST rebate $10.75
Total Disbursements $361.05
Total Fees and Disbursements Owing $19,611.53
12.Costs as taxed shall be paid forthwith by the respondents named in Costs Order 99-3 in the proportions set out therein.
Margot Patterson
Taxation Officer
Canadian Radio-television and Telecommunications Commission
Secretary General
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