ARCHIVED - Telecom Taxation Order CRTC 2002-4

Telecom Taxation Order CRTC 2002-4

Ottawa, 13 September 2002

Costs awarded to BCOAPO et al. - Public Notice CRTC 2001-37

Reference: 4768-101 and 8678-C12-11/01

Patricia L. MacDonald for The British Columbia Public Interest Advocacy Centre representing British Columbia Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of B.C., Federated Anti-Poverty Groups of B.C., Senior Citizens' Association of Canada, End Legislated Poverty and Tenant Rights Action Coalition (BCOAPO et al.)

Taxation of costs of BCOAPO et al.

Taxing officer: James Wilson

1.

This order constitutes the taxation of costs awarded to BCOAPO et al. in the proceeding initiated by Price cap review and related issues, Public Notice CRTC 2001-37, 13 March 2001.

2.

Costs were awarded to BCOAPO et al. pursuant to British Columbia Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of B.C., Federated Anti-Poverty Groups of B.C., Senior Citizens' Association of B.C., West End Seniors' Network, Consumer's Association of Canada, End Legislated Poverty and Tenant Rights Action Coalition application for costs, Telecom Costs Order CRTC 2002-7, 16 May 2002 (Costs Order 2002-7), and Erratum: Telecom Costs Order CRTC 2002-7, Telecom Costs Order CRTC 2002-7-1, 17 May 2002 (Costs Order 2002-7-1), in accordance with section 44 of the CRTC Telecommunications Rules of Procedure.

3.

By letter dated 30 May 2002, BCOAPO et al. submitted a bill of costs claiming a total amount of $51,499.24 in fees for their legal counsel, a total of $3,520.30 in fees for their consultant, and a total of $6,441.97 in disbursements.

4.

The Commission did not receive comments from the respondents who were named in Costs Order 2002-7, namely: AT&T Canada Corp., Call-Net Enterprises Inc., GT Group Telecom Services Corp., Rogers Wireless Inc., Bell Canada, Aliant Telecom Inc., MTS Communications Inc., Saskatchewan Telecommunications and TELUS Communications Inc.

Disbursements

5.

BCOAPO et al. claimed a total of $6,441.97 including $39.92 for office expenses, $724.90 for air travel, $167.20 for intra-city taxi/bus/train, $4,164.00 for hotel accommodation, $40.00 for meals, and $191.95 for other disbursements, including ticketing service fee, an airport improvement fee and a flight change fee. I find these amounts reasonable and will allow the amounts claimed.

Counsel and consultant fees

6.

BCOAPO et al. claimed legal fees of $49,392.44 and $2,106.80 for their lawyers, Ms. Patricia MacDonald and Mr. Richard J. Gathercole, respectively. These amounts represent 246.5 hours for Ms. MacDonald at a rate of $175.00 per hour and 8.0 hours for Mr. Gathercole at a rate of $230.00 per hour, plus GST.

7.

I note that the rates claimed are in accordance with the rates specified in the Legal Directorate's Guidelines for the Taxation of Costs (the guidelines). I accept the rates and time claimed as appropriate.

8.

BCOAPO et al. claimed fees of $3,520.30 for their consultant, Mr. John Todd. This amount represents 18.8 hours at a rate of $175.00 per hour.

9.

I note that the rate claimed is in accordance with the rates specified in the guidelines. I accept the rate and time claimed as appropriate.

Costs as taxed

10.

I hereby tax the fees and disbursements, including GST, where applicable, as follows:

Legal counsel fees

Ms. MacDonald

$49,392.44

Mr. Gathercole

$ 2,106.80

Consultant fees

Mr. Todd

$ 3,520.30

Total fees

$55,019.54

Total disbursements

$ 6,441.97

Total payable

$61,461.51

11.

Pursuant to Costs Order 2002-7 and Costs Order 2002-7-1, the respondents are to pay the costs forthwith.

Taxing officer
James Wilson

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