ARCHIVED - Telecom Taxation Order CRTC 2002-5

Telecom Taxation Order CRTC 2002-5

Ottawa, 18 September 2002

Costs awarded to Consumers' Association of Canada - Public Notice CRTC 2001-37

Reference: 8678-C12-11/01 and 4768-100

James Wachowich representing the Consumers' Association of Canada (CAC)

Taxation of costs of CAC

Taxing officer: Sylvie Jones

1.

This order constitutes the taxation of costs awarded to the Consumers' Association of Canada (CAC) in the proceeding initiated by Price cap review and related issues, Public Notice CRTC 2001-37, 13 March 2001.

2.

Costs were awarded to CAC pursuant to Consumers' Association of Canada - Alberta application for costs - Public Notice CRTC 2001-37, Telecom Costs Order CRTC 2002-8, 7 June 2002 (Costs Order 2002-8), in accordance with section 44 of the CRTC Telecommunications Rules of Procedure.

3.

By letter dated 27 June 2002, CAC submitted a bill of costs claiming a total of $18,670.16 in fees for its legal counsel, a total of $17,424.42 in fees for its analysts, and a total of $4,869.00 in disbursements.

4.

By letter dated 18 July 2002, Aliant Telecom Inc., Bell Canada, MTS Communications Inc. and Saskatchewan Telecommunications (collectively, the Companies) filed comments.

5.

The Companies stated that the rate of $235.00 per hour claimed for the legal counsel was not consistent with the Legal Directorate's Guidelines for the Taxation of Costs (the Guidelines) and should be $230.00 per hour.

6.

The Companies also stated that there was no Form III setting out the information relating to analyst Jeffrey Jodoin, and requested that a properly sworn Form III be served. Lastly, the Companies noted a mathematical error in the computation of the sum of the fees and disbursements.

7.

By letter dated 29 July 2002, CAC filed a revised Form I, a copy of the original Form III for analyst Jeffrey Jodoin, and a revised Form V reflecting the changes to the legal fees and the correction of the mathematical error noted by the Companies.

Disbursements

8.

CAC claimed a total of $4,869.00 including $3,301.00 for office expenses, $704.00 for air travel, $135.00 for intra-city taxi, $537.00 for hotel accommodation, and $192.00 for meals. These amounts do not include the Federal Goods and Services Tax (GST) as CAC obtains full reimbursement. I find these amounts reasonable and will allow them as claimed.

Counsel and analysts fees

9.

CAC's revised claim for legal fees was $18,272.93 for its lawyer, James Wachowich. This amount represents 74.25 hours of work for Mr. Wachowich at a rate of $230.00 per hour.

10.

I note that the rate claimed is in accordance with the rate specified in the Guidelines. I accept the rate and time claimed for Mr. Wachowich as appropriate.

11.

CAC claimed fees of $9,073.60 and $8,350.82 for its analysts, Mr. Jeffrey Jodoin and Mr. Azad Merani, respectively. These amounts represent 53 hours of work for Mr. Jodoin at a rate of $160.00 per hour and 47.30 hours of work for Mr. Merani at a rate of $165.00 per hour.

12.

I note that the rates claimed are in accordance with the rates specified in the Guidelines. I accept the rates and time claimed for Mr. Jodoin and Mr. Merani as appropriate.

Costs as taxed

13.

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

Legal counsel fees

Mr. Wachowich

$18,272.93

Analysts fees

Mr. Jodoin

$9,073.60

Mr. Merani

$8,350.82

Total fees

$35,697.35

Total disbursements

$4,869.00

Total payable

$40,566.35

14.

Pursuant to Costs Order 2002-8, the respondents are to pay the costs as taxed forthwith.

Taxing officer

Sylvie Jones

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