ARCHIVED - Telecom Procedural Letter addressed to John Lawford (PIAC)
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Ottawa, 9 June 2017
Our reference: 8640-B2-201602326, 8640-B2-201601253, 8640-B2-201606245, 8640-B2-201606534, 8640-T66-201608606, 8638-T66-201607433, 1011-NOC2016-0333, 8640-T66-201608408, 8663-P8-201607186, 1011-NOC2016-0192, 1011-NOC2016-0431, 1011-NOC2016-0116 and 1101-NOC2016-0293
BY EMAIL
Mr. John Lawford
Executive Director & General Counsel, PIAC
One Nicholas Street, suite 1204
Ottawa, Ontario
K1N 7B7
Email: jlawford@piac.ca
RE: Status of Counsel to the Public Interest Advocacy Centre for Costs Purposes
Dear Mr. Lawford,
The Commission is in receipt of several applications for costs from the Public Interest Advocacy Centre (PIAC) that include claims for legal fees for legal counsel and/or articling students at the rates established for external legal services. Specifically, the Commission has received costs applications for participation in the following proceedings:
- Application for forbearance from the regulation of EAS transport service and local transit service –Bell Canada (8640-B2-20160236 and 4754-525)
- Application for forbearance from the regulation of wholesale wireless access service –Bell Canada (8640-B2-201601253 and 4754-526)
- Application for forbearance from the regulation of Billing and Collection service – Bell Canada (8640-B2-201606245 and 4754-539)
- Forbearance from the regulation of Pay Telephone Access Lines – Bell Canada (8640-B2-201606534 4754-540)
- Forbearance from the regulation of Pay Telephone Access Lines –TELUS Communications Company (8640-T66-201608606 and 541)
- Request for an order related to provide guidance and advice on the interpretation and implementation of Decision 2016-171 – TELUS Communications Company (8638-T66-201607433 and 4754-542)
- Call for comments -Disconnection practices between telecommunications service providers (1011-NOC2016-0333 and 4754-543)
- Application for forbearance from the regulation of Billing and Collection service –TELUS Communications Company (8640-T66-201608408 and 4754-544)
- Application regarding Québec Bill 74 and purported ISP blocking – Public Interest Advocacy Centre (8633-P8-201607186 and 4754-548)
- Examination of differential pricing practices related to Internet data plans (1011-NOC2016-0192 and 4754-547)
- Show cause proceeding and call for comments –Termination of participation in the Commissioner for Complaints for Telecommunications Services Inc. of VOIS Inc. (1011-NOC2016-0431 4754-551)
- Establishment of a regulatory framework for next-generation 9-1-1 in Canada (1011-NOC2016-0116 and 4754-559)
- Review of the Wireless Code (1101-NOC2016-0293 and 4754-556)
The purpose of this letter is to request additional information from PIAC regarding the status of the following claimants for costs purposes in the above mentioned costs applications.
In light of the number of applications involved, and the fact that the same issue arises in all of these applications, Commission staff considers that it would be most efficient for PIAC to provide a single response that will be added to the public record of each of the above listed proceedings.
1. John Lawford’s Status
On 11 April 2017, the Commission issued Telecom Order 2017-95, Determination of costs award with respect to the participation of the Affordable Access Coalition in the proceeding leading to Telecom Regulatory Policy 2016-496 (Telecom Order 2017-95). In this order, the Commission determined that Mr. Lawford reports to the Law Society of Upper Canada (LSUC) as “Practicing law – Employed”, which would appear to conflict with submissions made in the above applications that Mr. Lawford reports to LSUC as being in “Private Practice”.Footnote1
In light of this finding, PIAC is invited to make additional submissions regarding Mr. Lawford’s status with respect to PIAC’s participation in the above noted proceedings, in order to clarify this apparent inconsistency. As part of its submissions, PIAC is requested to confirm, with supporting documentation, Mr. Lawford’s status as reported to LSUC at the time each of the applicable costs applications was made.
2. Articling Student Status
Similarly, PIAC is invited to make submissions on the relationship between PIAC and the articling students for which it has requested costs in the above-noted proceedings. Specifically, please confirm the identity of the principal to each of the articling students listed in the costs applications in the above proceedings, as well as the principal’s status as reported to LSUC. For each articling student, please provide submissions as to whether the articling student performed any work for PIAC under the supervision of legal counsel other than the principal, and whether the articling students worked for any clients of the principal other than PIAC.
3. Departure from the Guidelines
Pursuant to the Guidelines for the Assessments of Costs (the Guidelines),Footnote2 it is open to applicants to provide brief written submissions showing cause why the Guidelines should be departed from. As the Commission noted in Telecom Order 2017-95, “it is open to claimants to (i) provide explanations in cases where they feel that a question does not address their particular circumstances, or (ii) request an exception to the Guidelines”.Footnote3
Assuming that Mr. Lawford’s status is “Practising Law – Employed”, as determined by the Commission in Telecom Order 2017-95, PIAC is invited to make brief submissions on why an exception to the Guidelines should be made in the determination of Mr. Lawford’s status for costs applications purposes and that he be treated as external counsel.
Similarly, assuming that the articling students’ status is internal, PIAC is invited to make brief submissions on why an exception to the Guidelines should be made in order that their status be treated as external.
Filing Information with the Commission
The requested information should be filed with the Commission by 19 June 2017. Any other party to the costs orders at issue may file a response by 29 June 2017. PIAC may reply to any comments by no later than 5 July 2017. All filings are to be served on all parties copied in the distribution list to this letter.
A copy of this letter and all related correspondence will be added to the public record of each proceeding referenced in this letter.
If you have any questions or concerns, please feel free to contact Allison McLean at 819-635-8099 or allison.mclean@crtc.gc.ca.
Yours Sincerely,
[originally signed by]
Alastair Stewart
Senior Legal Counsel, Team Leader Telecom
c.c.: Allison McLean, CRTC, (819) 635-8099 allison.mclean@crtc.gc.ca
Distribution List
- Bell Aliant Regional Communications, Limited Partnership and Télébec, Limited Partnership regulatory@bell.aliant.ca
- Bell Canada bell.regulatory@bell.ca
- MTS iworkstation@mtsallstream.com
- Northwestel regulatoryaffairs@nwtel.ca
- Saskatchewan Telecommunications document.control@sasktel.com
- TELUS Communications Company regulatory.affairs@telus.com
- Amtelecom Telco GP Inc. regulatory.matters@corp.eastlink.ca
- Brooke Telecom Co-operative Ltd. jim@brooketel.ca
- Bruce Telecom regulatory@brucetelecom.com
- CityWest Telephone Corporation serina.repole@cwct.ca
- Cochrane Telecom Services smitch@cochranetel.ca
- CoopTel, coop de telecommunication pallard@cooptel.coop
- DMTS, a division of Bell Aliant reglementa@telebec.com
- Executlink Telecom Inc. jonathan.scott@execulink.com
- Gosfield North Communication Co-operative Limited regulatory@gosfieldtel.ca
- Groupe Maskatel LP celinelaporte@maskatel.qc.ca
- Hay Communications Co-operative Limited a.schneider@hay.net
- Huron Telecommunications Co-operative Limited regulatory@hurontel.on.ca
- KMTS reglementa@telebec.com
- La Cie de Téléphone de Courcelles Inc. jpatry@telcourcelles.qc.ca
- La Compagnie de Téléphone de Lambton Inc. infotel@sogetel.net
- La Compagnie de téléphone de St-Victor celinelaporte@maskatel.qc.ca
- La Compagnie de telephone Upton Inc. celinelaporte@maskatel.qc.ca
- Landsdowne Rural Telephone Company Ltd. wagrier@1000island.net
- Mornington Communications Co-operative Limited lhallahan@mornington.ca
- Nexicom Telecommunications, a Division of Nexicom Inc. pdowns@nexicomgroup.net
- Nexicom Telephones, a Division of Nexicom Inc. pdowns@nexicomgroup.net
- North Frontenac Telephone Corporation Ltd. Fmantell6229@rogers.com
- North Renfrew Telephone Company Limited Trade steve@wtccommunications.ca
- NorthernTel, Limited Partnership reglementa@telebec.com
- O.N. Tel Inc. tracy.cant@ontera.ca
- People’s Tel Limited Partnership Stacey.langley@corp.easlink.ca
- Quadro Communications Co-operative Inc. barry.stone@quadro.net
- Roxborough Telephone Company Limited tjwbeach@ontarioeast.net
- TBayTel rob.olenick@tbaytel.com
- Téléphone de St-Éphrem inc. celinelaporte@maskatel.qc.ca
- Téléphone Milot Inc. paul.frappier@sogetel.com
- The Westport Telephone Company, Limited carlo.dondero@wtccommunications.ca
- Tuckersmith Communications Co-operative Limited regulatory@tccmail.ca
- Wightman Telecom Ltd. kgugan@wightman.ca
- Vidéotron regaffairs@quebecor.com
- Xplornet xplornet.legal@corp.xplornet.com
- Shaw regulatory@sjrb.ca
- Rogers rwi_gr@rci.rogers.com
- Cogeco telecom.regulatory@cogeco.com
- CNOC regulatory@cnoc.ca
- Eastlink regulatory.matters@corp.eastlink.ca
- TekSavvy regulatory@teksavvy.ca
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