B E T W E E N:
THE COMPETITION TRIBUNAL
COMMISSIONER OF COMPETITION
Court File No. CT-2022-002
Applicant
- and -
ROGERS COMMUNICATIONS INC. and SHAW COMMUNICATIONS INC. Respondents
- and -
VIDEOTRON LTD.
Intervenor
AFFIDAVIT OF ELIZABETH FIMIO Affirmed July 17, 2023
I, ELIZABETH FIMIO, of the City of Burlington, in the Regional Municipality of Halton, AFFIRM:
1. I am a law clerk at the law firm of Bennett Jones LLP ("Bennett Jones"), lawyers for the intervenor Videotron Ltd. ("Videotron"). As such, I have personal knowledge of the facts set out in this affidavit, except where I indicate herein that my knowledge is based on information provided to me by others or from reviewing a document, in which case I state the source of the information. In all such instances, I believe the information to be true.
2. I affirm this Affidavit in support of Videotron's Bill of Costs dated December 29, 2022 ("Bill of Costs"), which was prepared by me in this matter and is attached as Exhibit "A", to establish the disbursements and taxes incurred by Videotron in these proceedings.
3.
Pursuant to the Bill of Costs, Videotron is claiming $103,122.50, as follows:
(a)
Disbursements in the amount of $91,989.41; and
(b) HST on disbursements in the amount of $11.133.09. 4. These amounts are slightly lower than Videotron's actual disbursements because: (i) of minor calculation errors when totaling amounts and (ii) a minor typo resulted in a slightly lower claim for corn ier costs in the Bill of Costs. Regardless, Videotron is only claiming for the amount reflected in its Bill of Costs.
5. For pinposes of preparing the Bill of Costs and this Affidavit, I relied on the accounting records and files maintained by the film with respect to this matter.
6. All disbursements and taxes being claimed in the Bill of Costs were billed to Videotron by Bennett Jones with the exception of the e-discovery (database hosting) fees, which were billed directly to Videotron or an affiliate thereof. These disbursements are reflected in Bennett Jones' invoices to Videotron.
PRINTING AND PHOTOCOPIES
7. Videotron incurred disbursements in the aggregate amount of $22,816.75 from printing and copying by Bennett Jones with respect to this application as reflected in the table below, but owing to a minor calculation error these costs were listed as $22,849.60 in the Bill of Costs.
Description of Service Printing Colom Printing (including large documents) Photocopying Colom Photocopying (including large documents)
8.
Amount (exclusive of taxes) $9,917.00 $12,243.00 $335.75 $321.00
Bennett Jones charged the following amounts for its printing and copying services:
(a) (b)
Printing - $0.25 per page Colom Printing - $0.50 per page.
9.
(c) Photocopying - $0.25 per page. (d) Colour Photocopying - $0.50 per page. The printed and photocopied documents included, but are not limited to:
(a)
(b)
Printed copies of Videotron's materials as requested by the Competition Tribunal; and
Copies of the parties' witness statements, expert reports, mediation materials, closing materials and other materials for use during the hearing.
10. The large charge for colour printing reflects the large number of exhibits that it was necessary to produce in colour (e.g., presentations) and the need to use colour to indicate levels of confidentiality (i.e., red for Confidential Level A, yellow for Confidential Level B).
COURIER CHARGES
11. Videotron incurred courier charges of $666.55 related to the delivery of Videotron's materials to Chief Justice Crampton. Attached as Exhibit "B" are the invoices in support of the disbursement for courier charges (partially redacted to exclude privileged information relating to other files).
12. However, owing to a typographical error in the Bill of Costs, Videotron only claimed $66.55 rather than $666.55. Although Videotron actually incurred costs of $666.55, it is only seeking $66.55 consistent with its Bill of Costs.
ONLINE LEGAL RESEARCH AND GOVERNMENT SEARCHES
13. My review of the firm's invoices to Videotron indicates that $34.00 in legal research costs were incurred with respect to this matter in connection with a request to the Federal Court of Appeal registry to provide copies of three documents in connection with a relevant case. Attached hereto and marked as Exhibit "C" are the receipts for the legal research costs.
COURT REPORTER/TRANSCRIPT FEES
14. Videotron incurred disbursements in the aggregate amount of $42,431.00 in connection with the court reporter and translation services provided by StenoTran Services Inc.
Service Date Week one of Competition (November 7-10, 2022)
Week two of Competition (November 14-18, 2022)
Tribunal
Tribunal
hearing
hearing
Week three of Competition Tribunal healing (November 21-25, 2022)
Week four of Competition Tribunal (November 28-December 2, 2022)
Week five of Competition (December 13-14, 2022)
Tribunal
hearing
hearing
Invoice Number W-001891
W-001902
W-001909
W-001926
W-001931
Amount $8,132.00
$10,354.00
$10,949.00
$8,853.00
$4,143.00
15. Each of StenoTran Services Inc.'s invoices sets out the quantity and unit cost of the services provided. Attached as Exhibit "D" are copies of the invoices provided by StenoTran Services Inc. in connection with the coin! reporting and translation services provided.
TRAVEL
16. My review of the firm's accounting records indicate that Videotron incurred disbursements in the aggregate amount of $6,350.25, in respect of expenses relating to travel, as follows:
Date
09/07/2022
09/07/2022
Counsel
Davis. Emrys
Davis, Emrys
Description
Westin Montreal
Beck Taxi
Hotel
Amount
CAD $766.34
CAD $22.00
Amount charged client (excluding GST)
CAD $733.02
to
CAD $19.93
Reason
Attending discoveiy with witness
Attending discoveiy with witness
09/07/2022
09/09/2022
09/09/2022
09/20/2022
10/25/2022
10/26/2022
10/26/2022
10/26/2022
10/26/2022
10/26/2022
10/26/2022
10/27/2022
Davis, Emrys
Davis, Emrys
Davis, Emrys
Davis, Emrys
Davis, Emrys
Rook, John
Rook, John
Davis, Emrys
Davis, Emrys
Davis, Emrys
Rook, John
Rook, John
Unipayment SVCLimo Taxi
Montreal Service
Ambassador Taxi
CAD $50.00
taxi CAD $52.30
Porter Airlines
Porter Airline
Porter Airlines
CAD $40.80
CAD $1,038.31
USD $487.00 (CAD 666.99)
CAD $1,150.62
Ottawa Marriott CAD $382 Hotel
Courtyard by CAD $399.23 Marriott Ottawa
Blue Line Taxi CAD $37.49 Ottawa
Blue Line Taxi
CAD $8.53
Marriott Ottawa CAD $59.78 Spin Kitchen & Bar
Blue Line Taxi CAD $38.53 Ottawa
CAD $48.17
CAD $50.46
CAD $36.89
CAD $983.63
$666.99
CAD $1,018.25
CAD $341.58
CAD $356.10
CAD $33.74
CAD $7.55
CAD $53.80
CAD $34.68
Attending discovery with witness
Attending discovery with witness
Attending discovery with witness
Attending discovery with witness
Attending discovery with witness
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending mediation in Ottawa
10/27/2022
10/27/2022
11/14/2022
11/16/2022
11/16/2022
11/18/2022
11/18/2022
11/18/2022
12/14/2022
12/14/2022
Davis, Emrys
Rook, John
Davis, Emrys
Davis, Emrys
Davis, Emrys
Davis, Emrys
Davis, Emrys
Davis, Emrys
Pannu, Alysha
Pannu, Alysha
Capital Taxi
Angelo Service
Air Canada
CAD $23.65
Taxi CAD $42.55
Ambassador Taxi
CAD $1073.34
CAD $20.00
Services De CAD $64.86 Transportation Trust
AC Hotels by CAD $779.74 Marriott Montreal
Hypra Quebec
Beck Taxi
A4U Taxi
Uber
Taxi CAD $57.11
CAD $32.10
CAD $31.75
CAD $13.59
CAD $21.47
CAD $38.29
CAD $952.74
CAD $18.33
CAD $62.29
CAD $747.61
CAD $55.01
CAD $29.02
CAD $28.67
CAD $12.03
Attending mediation in Ottawa
Attending mediation in Ottawa
Attending witness testimony in Montreal
Attending witness testimony in Montreal
Attending witness testimony in Montreal
Attending witness testimony in Montreal
Attending witness testimony in Montreal
Attending witness testimony in Montreal
File related to travel in Toronto
File related to travel in Toronto
17. Collectively attached as Exhibit "E" are copies of the invoices and receipts for travel expenses listed in paragraph 16 in support of the $6,350.25 disbursement for travel.
E-DISCOVERY (DATABASE HOSTING)
18. I understand, based on my review of invoices issued by Epiq Systems Canada ULC ("Epiq") directly to Videotron, that Videotron incurred costs in the aggregate amount of $47,806.66 in connection with the e-discovery, database hosting services provided by Epiq. With respect to hosting the document database, Epiq charges a monthly fee of $10 per gigabyte of data per month for a total of approximately 165 gigabytes of data by the end of the trial. Videotron also incurred fees from Epiq for project management services, including processing the documents, and consulting.
19. The disbursement amount is higher than the amount claimed in Videotron's original bill of costs by $4,699.05 as Epiq's November and December 2022 invoices had not been issued at the time that Videotron delivered its Bill of Costs. Attached as Exhibit "F" are copies of the invoices (partially redacted for privilege) provided by Epiq in connection with the e-discovery and database hosting services.
20. Although Videotron incurred total e-discovery costs of $47,806.66, it is only claiming $43,107.61 as reflected on its Bill of Costs.
HST ON DISBURSEMENTS
21. Videotron is seeking $11,133.09 for HST incurred in respect of the disbursements as reflected in its Bill of Costs. For the reasons described above, this is less than the actual HST incurred.
SWORN Remotely by Elizabeth Fimio of the City of Burlington, in the Regional Municipality of Halton, before me at the City of Toronto, in the Province of Ontario, on July 17, 2023 in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely.
Commissioner for Taking Affidavits (or as may be)
ELIZABETH FIMIO
Kolding Larson (LSO#85542G)