ARCHIVED - Taxation Order CRTC 2000-1

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Taxation Order
CRTC 2000-1
Ottawa, 12 January 2000
In re: Service to high-cost serving areas – Telecom Public Notice CRTC 97-42
File No.: 8665-C12-04/97

1.

Patricia MacDonald for the British Columbia Public Interest Advocacy Centre, on behalf of the BC Old Age Pensioners' Organization, Council of Senior Citizens' Organizations of BC, federated anti-poverty groups of BC, Senior Citizens' Association of BC, West End Seniors' Network, Consumers' Association of Canada (BC Branch), BC Coalition for Information Access, End Legislated Poverty and Tenants Rights Action Coalition (BCOAPO et al.).
Taxation of costs of BCOAPO et al.
Taxing Officer: Annie Paré

2.

This Order constitutes the taxation of costs awarded to BCOAPO et al. in the proceeding initiated by Telecom Public Notice CRTC 97-42, Service to High-Cost Serving Areas Proceeding, 18 December 1997.

3.

In Telecom Costs Order CRTC 99-9, 15 October 1999, (Costs Order 99-9), costs were awarded to BCOAPO et al. in accordance with subsection 44(1) of the CRTC Telecommunications Rules of Procedure (the Rules), payable by BC TEL.

4.

On 12 November 1999, BCOAPO et al. submitted their Bill of Costs in the amount of $35,212.40, consisting of $32,894.67 in fees and $2,317.73 in disbursements.

5.

On 26 November 1999, BC TEL filed its comments with respect to the costs claimed. BC TEL stated that it found the costs claimed to be reasonable for BCOAPO et al.'s level of participation in the proceeding.
Fees
a) Counsel Fees

6.

BCOAPO et al. have claimed a total of $31,883.52 in fees for their legal counsel, Mr. James Quail, consisting of 121.6 hours at an hourly rate of $230. The rate claimed is in accordance with the rates specified in the CRTC Legal Directorate Guidelines for the Taxation of Costs (the Guidelines). I consider this rate to be appropriate and will allow the rate as claimed.
b) Consultant's Fees

7.

BCOAPO et al. claimed a total of $1,011.15 for their consultant, Mr. John D. Todd. This amount represents a claim for 5.4 hours at an hourly rate of $175. The rate claimed is in accordance with the rates specified in the Guidelines. I consider this rate to be appropriate in the circumstances and I allow it as claimed.
Preparation and procedural time

8.

BCOAPO et al. have claimed a total of 119.6 hours of preparation and procedural time for their counsel. They have also claimed 2 hours for the preparation of their costs application. I consider the time claimed to be reasonably and necessarily incurred in the circumstances. I will allow the claim as submitted.

9.

BCOAPO et al. have claimed 5.4 hours for work performed by their consultant, Mr. Todd. I find this claim to be reasonable and I will allow it.
Disbursements

10.

In their Bill of Costs, BCOAPO et al. have claimed $2,308.82 for photocopies, courier services, long distance, travel, meals, and transcripts. BCOAPO et al. have also claimed $8.91 for long distance on behalf of their consultant, Mr. Todd. I note that BCOAPO et al. have made an error in the calculation of their disbursements. My calculation of their disbursements (excluding those incurred by Mr. Todd) is $2,427.82, which is $119.00 greater than the amount claimed. It appears that BCOAPO et al. neglected to include the amount of $119.00 for intra-city travel in their total of disbursements claimed. I consider the corrected amount to be reasonable and I will allow the disbursements as adjusted.
Costs as taxed

11.

I hereby tax the fees and disbursements of BCOAPO et al., inclusive of applicable taxes, as follows:
Legal Counsel Fees
Mr. James Quail $31,883.52
Consultant Fees
Mr. John D. Todd $1,011.15
Total Fees $32,894.67
Disbursements
Photocopies $50.89
Courier $28.05
Long Distance $1,004.01
Transcripts $607.00
Travel $650.78
Meals $96.00
Total Disbursements $2,436.73
Total Fees and
Disbursements
Owing $35,331.40

12.

As noted above, pursuant to Costs Order 99-9, this amount is to be paid forthwith by BC TEL.
Annie Paré
Taxing Officer

Secretary General

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