ARCHIVED - Taxation Order CRTC 2000-9
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Taxation Order CRTC 2000-9 |
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Ottawa, 19 December 2000 |
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Subject: Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters - Telecom Public Notice CRTC 99-21, Costs Order CRTC 2000-14 |
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Reference: 8622-N1-04/99 |
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Philippa Lawson for the Consumers' Association of Canada and the National Anti-Poverty Organization (CAC/NAPO) |
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Taxation of costs of CAC/NAPO |
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Taxing Officer: Leanne Bennett |
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1. |
This order constitutes a taxation of costs awarded to CAC/NAPO in the proceeding initiated by Telecom Public Notice CRTC 99-21, Northwestel Inc. - Implementation of toll competition and review of regulatory framework, quality of service and related matters. |
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2. |
Costs were awarded to CAC/NAPO pursuant to Costs Order CRTC 2000-14, dated 12 September 2000, in accordance with section 44 of the CRTC Telecommunications Rules of Procedure. Pursuant to that order, costs are to be paid by Northwestel Inc. |
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3. |
By letter dated 3 October 2000, CAC/NAPO submitted a Bill of Costs and an affidavit of disbursements, claiming a total amount of or $110,224.35 in fees and $15,105.48 for disbursements. |
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4. |
By letter dated 20 October 2000, Northwestel stated that it had no comment on the amounts claimed by CAC/NAPO. |
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Fees |
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a) Counsel fees |
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5. |
CAC/NAPO claimed a total of $31,878 in fees for its legal counsel, Philippa Lawson, based on 136 hours of preparation time, 39 hours of attendance time and 1 hour procedural time at an hourly rate of $175. The hourly rate claimed is within the rates specified in the Commission's Legal Directorate's Guidelines for the Taxation of Costs. I consider this rate to be appropriate and will allow the rate as claimed. |
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b) Consultants' fees |
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6. |
CAC/NAPO claimed a total of $13,806.90 in fees for its consultants, consisting of $12,316.50 for Mr. John Todd and $1,490.40 for Ms. Anna Luciani-Marzo. With respect to Mr. Todd, CAC/NAPO claimed 68 hours of preparation time at a rate of $175 per hour. CAC/NAPO claimed 16 hours of preparation time for Ms. Luciani-Marzo at a rate of $90 per hour. The hourly rates claimed are within the guidelines for the participation of consultants. I consider these rates to be appropriate and will allow the rates as claimed. |
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c) Expert witnesses' fees |
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7. |
CAC/NAPO claim a total of $64,539.45 in fees for its expert witnesses, Dr. Michael Berkowitz and Dr. Laurence Booth. With respect to Dr. Berkowitz, CAC/NAPO claimed 181.5 hours of preparation time at a rate of $175 per hour and 1.25 days of attendance time at a rate of $1,300 per day. With respect to Dr. Booth, CAC/NAPO claimed 150.17 hours of preparation time and 0.5 days hearing time at the same rates. These rates are within the guidelines for the participation of expert witnesses. I consider these rates to be appropriate and will allow them as claimed. |
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Preparation, attendance and procedural time |
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8. |
In determining whether the time claimed was reasonably and necessarily incurred in the circumstances, I have compared the claim here to claims in a variety of previous proceedings. I note that previous proceedings are not directly comparable. However, considering the complexity of this proceeding and the nature and scope of CAC/NAPO's participation in the context of their participation in previous proceedings, I consider that the time claimed was reasonably and necessarily incurred in the circumstances. CAC/NAPO participated actively and extensively in each stage of the proceeding, preparing and responding to interrogatories, preparing submissions on a number of complex issues and participating in the oral phase of the hearing including, notably, cross-examination. Thus, I will allow the hours claimed as presented. |
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Disbursements |
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9. |
CAC/NAPO claimed a total of $15,105.48 in disbursements, including tax. I am satisfied that all disbursements were reasonable and necessary and I will allow them as claimed. |
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Costs as taxed |
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10. |
I hereby tax the fees and disbursements of CAC/NAPO, inclusive of applicable taxes, as follows: |
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Counsel fees |
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Ms. Philippa Lawson |
$ 31,878.00 |
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Consultants' fees |
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Mr. John Todd |
$ 12,316.50 |
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Ms. Anna Luciani-Marzo |
$ 1,490.40 |
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Expert witnesses' fees |
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Dr. Michael Berkowitz |
$ 35,724.62 |
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Dr. Laurence Booth |
$ 28,814.83 |
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Disbursements |
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In-house photocopies |
$ 478.65 |
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Other photocopies, printing and binding |
$ 870.77 |
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Postage/Courier |
$ 899.15 |
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Long distance (telephone/fax) |
$ 219.13 |
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Transcripts |
$ 3,110.49 |
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Air travel |
$ 4,631.33 |
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Inter-city train or bus travel |
$ 111.53 |
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Intra-city taxi/bus/train |
$ 239.00 |
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Accommodation |
$ 3,349.69 |
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Other disbursements |
$ 119.71 |
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Meals |
$ 1,488.00 |
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Less applicable GST rebate |
$ 411.97 |
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Total disbursements |
$ 15,105.48 |
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Total fees and disbursements |
$125,329.83 |
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The costs as taxed shall be paid by Northwestel. |
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Taxing officer |
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Secretary General |
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca |
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