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Telecom Taxation Order CRTC 2002-5
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Ottawa, 18 September 2002
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Costs awarded to Consumers' Association of Canada
- Public Notice CRTC 2001-37
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Reference: 8678-C12-11/01 and 4768-100
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James Wachowich representing the Consumers' Association of Canada
(CAC)
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Taxation of costs of CAC
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Taxing officer: Sylvie Jones
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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.
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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.
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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.
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4. |
By letter dated 18 July 2002, Aliant Telecom Inc., Bell Canada,
MTS Communications Inc. and Saskatchewan Telecommunications
(collectively, the Companies) filed comments.
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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.
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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.
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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.
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Disbursements
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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.
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Counsel and analysts fees
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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.
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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.
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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.
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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.
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Costs as taxed
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13. |
I hereby tax the fees and disbursements, including GST, where
applicable, as follows:
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Legal counsel fees
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Mr. Wachowich
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$18,272.93 |
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Analysts fees
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Mr. Jodoin
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$9,073.60 |
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Mr. Merani
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$8,350.82 |
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Total fees
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$35,697.35 |
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Total disbursements
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$4,869.00 |
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Total payable
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$40,566.35 |
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14. |
Pursuant to Costs Order 2002-8, the respondents are to pay the
costs as taxed forthwith.
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Taxing officer
Sylvie Jones |
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This document is available in alternative format upon request and
may also be examined at the following Internet site: http://www.crtc.gc.ca |
