ARCHIVED - Taxation Order CRTC 2000-2
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Taxation Order CRTC 2000-2 |
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| Ottawa, 8 February 2000 | |
| In re: Service to high-cost serving areas – Telecom Public Notice CRTC 97-42 | |
| File No.: 8665-C12-04/97 | |
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Philippa Lawson for the Alberta Council on Aging, Action Réseau Consommateur (ARC), the Consumers' Association of Canada, the Fédération nationale des associations de consommateurs du Québec (FNACQ), the National Anti-Poverty Organization and Rural Dignity of Canada (collectively, ACA et al.). |
| Taxation of costs of ACA et al. | |
| Taxing officer: Annie Paré | |
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This order constitutes the taxation of costs awarded to ACA et al. in the proceeding initiated by Telecom Public Notice CRTC 97-42, dated 18 December 1997. |
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In Telecom Costs Order CRTC 99-10, 28 October 1999, costs were awarded to ACA et al. in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure, payable by Bell Canada (Bell), BC TEL, TELUS Communications Inc. (TCI), Island Telecom Inc. (Island Tel), Maritime Tel & Tel Limited (MTT), MTS Communications Inc. (MTS), NBTel Inc. (NBTel), NewTel Communications Inc. (NewTel) and Northwestel Inc. (Northwestel). |
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On 2 November 1999, ACA et al. submitted their Bill of Costs in the amount of $136,936.70, consisting of $122,624.66 in fees and $14,312.04 in disbursements. |
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On 22 November 1999, ACA et al. submitted a revised Bill of Costs and supporting documentation to include a claim for fees and disbursements by Marie Vallée of ARC. ACA et al. stated that this claim had been inadvertently omitted from their original Bill of Costs. The revised claim amounted to $145,846.09, being $128,424.66 in fees and $17,421.43 in disbursements. |
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On 6 December 1999, Bell, Island Telecom, MTT, MTS, NBTel and NewTel (Bell et al.) filed joint comments with respect to the costs claimed. Bell et al. stated that in general, they did not object to the amounts claimed by ACA et al. They did object, however, to ARC's claim of 5.25 hours (that is, three-quarters of a day) for the preparation of the Bill of Costs for a single consultant. Bell et al. argued that this compared unfavourably with the three hours spent by counsel for ACA et al. to prepare the Bill of Costs for their counsel and six consultants. Bell et al. also submitted that the $600 rate claimed by ARC for the preparation of its Bill of Costs did not reflect the daily rate for an in-house analyst as set out in the CRTCLegal Directorate Guidelines for the Taxation of Costs (the guidelines). Bell et al. therefore proposed that if the taxing officer judged the time claimed to be reasonable, the rate should nonetheless be reduced from $600 to $300 to reflect the rate in the guidelines. |
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ACA et al. filed their reply on 10 December 1999. They noted that Bell et al. had correctly identified an arithmetical error in ARC's claim for the preparation of its Bill of Costs, and acknowledged that the claim was for $300 – three-quarters of a day at a daily rate of $400 – rather than $600. ACA et al. stated, however, that the 5.25 hours claimed by ARC in this regard was the actual time spent, and therefore should not be adjusted. |
| Fees | |
| a) Counsel Fees | |
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ACA et al. have claimed a total of $57,869.44 in fees for their legal counsel, Ms. Lawson, consisting of 319.5 hours at an hourly rate of $175. The rate claimed is in accordance with the rates specified in the guidelines. I consider this rate to be appropriate and will allow the rate as claimed.
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b) Analyst's and Consultants' Fees
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ACA et al. claimed a total of $5,800 for their analyst, Ms. Vallée. This amount represents a claim for 13.75 days at a daily rate of $400. The rate claimed is in accordance with the rates specified in the guidelines. I consider this rate to be appropriate in the circumstances and I will allow it as claimed.
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ACA et al. claimed a total of $64,755.22 for their consultants. This amount represents a claim by Mr. John D. Todd for 194.8 hours at a rate of $175 per hour; by Ms. Brigid Rowan for 85.2 hours at $130 per hour; by Ms. Anna Luciani-Marzo for 49.5 hours at $90 per hour; by Dr. Heather Hudson for 60 hours at $175 per hour; by Mr. Frans L. Vandendries for 7.4 hours at $130 per hour; and by Ms. Suzanne Blackwell for 10.5 hours at $175 per hour. Each of the rates claimed are in accordance with the rates set out in the guidelines. I have considered each of these rates, and find them to be appropriate in the circumstances. I will allow them as claimed. |
| Preparation and procedural time | |
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ACA et al. have claimed a total of 316.2 hours of preparation and attendance time for their counsel. They have also claimed 3.3 hours for the preparation of their costs and taxation applications. I consider the time claimed to be reasonably and necessarily incurred in the circumstances. I will allow the claim as presented.
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ACA et al. have claimed a total of 407.4 hours for their consultants' preparation time, as set out above. I have considered each consultant's claim, and find each to be reasonable in the circumstances of this proceeding. I will therefore allow them as presented. |
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As noted above, the claim for work performed by Ms. Marie Vallée consists of preparation, appearance and procedural time of 13.75 days. Of this, 12.5 days were claimed for preparation, and one-half day was claimed for appearance at the public hearing. I find these claims to be reasonable and will allow them. The remainder of the claim consists of three quarters of a day, or 5.25 hours based on a seven-hour day, for the preparation of ARC's Bill of Costs. I agree with Bell et al. that this claim, for the preparation of the Bill of Costs of a single analyst, is excessive in comparison with the three hours claimed for the preparation of the Bill of Costs for the other seven participants on behalf of ACA et al. It does not appear to me that the 5.25 hours claimed were reasonably or necessarily incurred in the circumstances. I will therefore reduce the claim to one-half day, at a rate of $400, and allow the claim in the amount of $200. |
| Disbursements | |
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In their Bill of Costs, ACA et al. (exclusive of ARC) have claimed $14,312.04 for photocopies, postage and courier services, long distance, office supplies, transcripts, travel, and meals. I note that there was a minor arithmetical error in the statement of disbursements for ACA et al., such that the total amount of their disbursements should have been $14,312.01. ACA et al. have also claimed disbursements incurred by their analyst, Ms. Vallée, in the amount of $3,109.39. This amount was claimed for photocopies, postage and courier services, long distance, translation, travel, and meals. I consider the above disbursements to be reasonable and necessarily incurred in the circumstances and will allow them as corrected. |
| Costs as taxed | |
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I hereby tax the fees and disbursements of ACA et al., inclusive of applicable taxes, as follows: |
| Legal counsel fees | |
| Philippa Lawson $57,869.44 | |
| Analyst Fees | |
| Marie Vallée $5,400.00 | |
| Consultants fees | |
| John D. Todd $35,283.15 | |
| Brigid Rowan $11,463.66 | |
| Anna Luciani-Marzo $4,610.93 | |
| Dr. Heather Hudson $10,500.00 | |
| Frans L. Vandendries $995.67 | |
| Suzanne Blackwell $1,901.81 | |
| Total Fees $128,024.66 | |
| Disbursements | |
| Photocopies $4,633.87 | |
| Postage/Courier $5,059.03 | |
| Long Distance $1,198.09 | |
| Transcripts $4,962.66 | |
| Translation $720.00 | |
| Office Supplies $308.75 | |
| Travel $881.35 | |
| Hotel $208.32 | |
| Meals $64.58 | |
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Subtotal disbursements $18,036.65 |
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| Less 50% GST Rebate $615.25 | |
| Total disbursements $17,421.40 | |
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Pursuant to Telecom Costs Order CRTC 99-10, and as stated in a letter of clarification dated 17 November 1999, the costs awarded to ACA et al. are to be paid forthwith by the respondents, and in the proportion, indicated below: |
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Northwestel 0.8% Island Tel 0.5% MTT 3.1% NBTel 2.9% NewTel 1.7% Bell 61.4% MTS 3.4% TCI 10.5% BC TEL 15.7% |
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Annie Paré Legal Counsel Canadian Radio-television and Telecommunications Commission
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Secretary General
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This document is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca
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- Date modified: