ARCHIVED - Telecom Taxation Order CRTC 2002-1

Telecom Taxation Order CRTC 2002-1

Ottawa, 10 April 2002

Costs awarded to the Consumer Association of Canada and the Manitoba Society of Seniors - Public Notice 2000-108 proceeding

Reference: 8661-C12-04/00 and 4768-096

Byron Williams for the Public Interest Law Centre representing the Consumer Association of Canada and the Manitoba Society of Seniors (CAC/MSOS)

Taxation of costs of CAC/MSOS

Taxation officer: Natalie Turmel

1.

This order constitutes the taxation of costs awarded to CAC/MSOS for its intervention in the proceeding initiated by Public Notice CRTC 2000-108, MTS Communications Inc. - Recovery of 2000 and 2001 income tax expense, 21 July 2000. This proceeding lead to the release of MTS Communications Inc. - Final rate increase to recover income tax expense, Decision CRTC 2001-202, 30 March 2001.

2.

In Costs Order CRTC 2001-9, 18 May 2001, (Costs Order 2001-9) costs were awarded to CAC/MSOS in accordance with section 44(1) of the CRTC Telecommunications Rules of Procedure. Pursuant to that order, costs are to be paid by MTS Communications Inc. (MTS).

3.

By letter dated 26 November 2001, CAC/MSOS submitted its bill of costs, and an affidavit of disbursements consisting of $88,021.25 in fees and $5,020.75 in disbursements for a total amount of $93,042.00.

4.

No comments were received from MTS with respect to this bill of costs.

Fees

5.

The applicant has claimed the amount of $20,125.00 for legal representation by counsel Mr. Williams. The total of 115 hours of work consists of 113 hours of preparation time, and two hours for attendance at an hourly rate of $175.

6.

CAC/MSOS claimed a total of $37,127.50 in fees for its consultants, consisting of $16,320.00 for Ms. Joyce Poon and $20,807.50 for Mr. John Todd. With respect to Ms. Poon, the applicant claimed 102 hours of preparation time at an hourly rate of $160. With respect to Mr. Todd, CAC/MSOS claimed 115.4 hours in preparation time and 3.5 hours for attendance at a rate of $175 per hour.

7.

CAC/MSOS also claimed a total of $30,768.75 in fees for an expert witness, Mr. Hugh Johnson, for 150.25 hours in preparation at an hourly rate of $175 and 0.75 day for attendance and testifying at the oral hearing at a day rate of $1,300.

8.

In each of the above cases, the hourly and daily rates claimed are consistent with those set out in the Commission's Legal Directorate's Guidelines for the taxation of costs for a person exercising the function in question. In each case, I find the rates claimed to be appropriate, and will allow them.

Preparation, attendance and procedural time

9.

In order to determine the reasonableness of the time claimed by the applicant's counsel, consultants and expert, I have considered the nature and scope of the proceeding, including the nature of the issues under consideration and the extent of CAC/MSOS's participation.

10.

CAC/MSOS participated extensively in all stages of this proceeding, and were the only parties to seriously question MTS' position and to offer alternative arguments. CAC/MSOS' participation included, but was not limited to, preparing evidence, posing and responding to complex interrogatories, preparing written argument and participating in the oral phase of the hearing in presenting witnesses and cross-examining.

11.

I am of the view that a significant amount of time was required to perform all of these tasks and to participate meaningfully in the proceeding. I also wish to emphasis that the issues considered in this proceeding were, by their nature, very specialized and difficult. With all of the above in mind, I have examined each of the individual claims, as well as the total claim, and conclude that given the circumstances of this case, they are reasonable and necessarily incurred.

Disbursements

12.

In its bill of costs, CAC/MSOS claimed a total of $5,020.75 in disbursements including $39.60 for meals.

13.

I have reviewed the receipts submitted in support of these claims. I consider that the amounts claimed were reasonably and necessarily incurred and I will allow them.

Costs as taxed

14.

I hereby tax the fees and disbursements of the applicant, inclusive of applicable taxes, as follows:

Legal counsel fees

Mr. Williams

$20,125.00

Consultants fees

Ms. Joyce Poon

$16,320.00

Mr. John Todd

$20,807.50

Expert witness fees

Mr. Hugh Johnson

$30,768.75

Total for professional fees:

$88,021.25

Disbursements

Disbursements excluding meals:

$4,981.15

• In-house photocopies

$86.25

• Photocopies, printing, binding

$9.20

• Postage/Courier

$79.72

• Long distance (Telephone/fax)

$911.69

• Transcripts

$682.00

• Air travel

$2,826.19

• Intra-city taxi

$124.24

• Hotel accommodation

$211.86

• Research materials

$50.00

Meals claimed

$39.60

Total disbursements:

$5,020.75

Total fees and disbursements:

$93,042.00

15.

Pursuant to Costs Order 2001-9, the respondent MTS is to pay the costs as taxed forthwith.

Taxation officer

Natalie Turmel

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca