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Taxation Order CRTC 2001-2
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Ottawa, 6 March 2001
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Subject: Review of contribution collection mechanism and related
matters – Telecom Public Notice CRTC 99-6
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Reference: 8695-C12-06/99
and 4768-092 |
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Philippa Lawson for Action Réseau Consommateur and the National
Anti-Poverty Organization (ARC/NAPO et al.)
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Taxation of costs for ARC/NAPO et al. |
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Taxing Officer: Geoff Batstone |
1. |
This order constitutes the taxation of costs awarded to ARC/NAPO
et al. in the proceeding initiated by Telecom Public Notice CRTC 99-6,
Review of contribution collection mechanism and related matters.
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2. |
In Costs Order CRTC 2000-18,
dated 12 December 2000, costs were awarded to ARC/NAPO et al.
in accordance with subsection 44(1) of the CRTC
Telecommunications Rules of Procedure (the Rules), payable by
Bell Canada et al. (Bell Canada, Maritime Tel & Tel, NBTel Inc.,
NewTel Communications Inc., Island Telecom Inc.), MTS Communications
Inc., Saskatchewan Telecommunications (SaskTel), TELUS
Communications Inc., Rogers Wireless Inc., Microcell
Telecommunications Inc., and Clearnet Communications Inc.
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3. |
On 21 December 2000, ARC/NAPO et al. submitted its Bill of Costs
consisting of $70,146.09 in fees and $605.87 in disbursements.
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4. |
Comments were received from SaskTel. SaskTel stated that there
was a calculation error of $15 in ARC/NAPO et al.'s calculation of
its disbursements.
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Fees |
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a) Counsel fees
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5. |
ARC/NAPO et al. claimed a total of $30,020.18 in fees for its
legal counsel, Ms. Philippa Lawson and Mr. Michael Janigan. Ms.
Lawson claimed a total of $25,973.33 representing 143.4 hours at
$175/hour. Mr. Janigan claimed $4,046.85 representing 17 hours at
$230/hour.
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b) Analyst's fees |
6. |
ARC/NAPO et al. claimed a total of $3,800 for its analyst, Mr.
Philippe Tousignant, which represents 9.5 days at a rate of
$400/day.
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c) Consultants' fees |
7. |
ARC/NAPO et al. claimed a total of $36,325.91 for its
consultants, Mr. John Todd and Ms. Araya Vivorakij. Both Mr. Todd
and Ms. Vivorakij are external consultants hired by ARC/NAPO. Mr. Todd
claimed a total of $27,983.81 representing 154.5 hours at $175/hour.
Ms. Vivorakij claimed $8,342.10 representing 62 hours at
$130/hour.
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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 (the
Guidelines) for a person exercising the function in question. In
each case, I found the rates claimed to be appropriate, and will
allow them.
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9. |
I am of the view that the amount of time claimed by ARC/NAPO et
al.'s counsel and consultants is reasonable in the circumstances of
this case and accordingly will allow it. In reaching this
conclusion, I have considered a number of factors including: the
nature and extent of ARC/NAPO's et al. participation, the number and
complexity of the issues in this proceeding and the length of the
record.
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Disbursements |
10. |
Two sets of disbursements were included in ARC/NAPO et al's Bill
of Costs; one for the Public Interest Advocacy Centre (PIAC) (on
behalf of ARC/NAPO et al.) and one for ARC.
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11. |
Contrary to what is asserted by SaskTel in its letter of 17
January, 2001, the disbursements submitted on behalf of ARC do total
$223 as indicated in the Bill of Costs.
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12. |
I have reviewed the disbursements and conclude that they are
reasonable in the circumstances of this case. Accordingly, I will
allow them as claimed.
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Costs as taxed |
13. |
I hereby tax the fees and disbursements of ARC/NAPO et al.,
inclusive of taxes as follows:
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