ARCHIVED - Costs Order CRTC 2001-9

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Costs Order CRTC 2001-9

  Ottawa, 18 May 2001

Subject: MTS Communications Inc. - Recovery of 2000 and 2001 income tax expense - Public Notice CRTC 2000-108

  Reference: 4754-187 and 8661-C12-04/00
  Application for costs by the Public Interest Law Centre (PILC) representing the Consumer Association of Canada (CAC) and the Manitoba Society of Seniors (MSOS)
1. By letter dated 12 March 2001, PILC, on behalf of CAC and MSOS, applied for an award of costs in relation to their intervention in the above-noted proceeding. The Commission received comments on the application from MTS Communications Inc.

Position of parties

2. CAC/MSOS submitted that they met the criteria for an award of costs, which are set out in subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules). In this respect, they submitted that:
  a) they represent a body of subscribers that has a clear interest in the outcome of the proceeding;
  b) they have participated responsibly; and
  c) they have contributed to a better understanding of the issues through their comments in the proceeding.
3. MTS did not object to an award of costs for CAC and MSOS. However, it noted that subsection 44(2) of the Rules require that an application for costs be made within 30 days of the last day of the hearing.

Commission determination

4. The Commission considers that MTS has not suffered any prejudice as a result of the application having been filed after the 30-day period contemplated by the Rules.
5. The Commission considers that CAC and MSOS have satisfied the criteria for an award of costs set out in subsection 44(1) of the Rules. Accordingly, an award of costs is warranted in the circumstances.

Direction as to costs

6. The application for an award of costs in respect of the above-mentioned proceeding is approved.
7. Costs awarded herein shall be payable to CAC and MSOS by MTS.
8. Costs awarded herein shall be subject to taxation in accordance with the Rules.
9. Costs awarded herein shall be taxed by Natalie Turmel.
10. CAC/MSOS shall, within 30 days of the issue of this order, submit a bill of costs and an affidavit of disbursements directly to the taxing officer, serving a copy on the respondent.
11. The respondent may, within two weeks of receipt of those documents, file comments directly with the taxing officer with respect to the costs claimed, serving a copy on CAC/MSOS.
12. CAC/MSOS may, within two weeks of receipt of any comments by the respondent, file a reply to the respondent's comments, serving a copy on the respondent in question.
13. All documents to be filed or served by a specific date must actually be received, and not merely sent, by that date.
  Secretary General
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Date Modified: 2001-05-18

Date modified: