Borden Ladner Gervais LLP Lawyers' Patent & Trade-mark Agents World Exchange Plaza 100 Queen Street Suite i 100 Ottawa, Ontario, Canada Kl P lJ9 tel.: (613) 237-5160 fax: (613) 230-8842 ww.blgcanadacom By E-mail and By Mail July 15, 2009 BORDEN LA D N E R GERVAIS Kirsten Walli Board Secretary Ontario Energy Board P.O. Box 2319 2ib floor - 2300 Y onge Street Toronto ON M4P IE4 PETER C.P. THOMPSON, a.c. direct tel.: (613) 787 -3528 e-mail: pthompsonlQblgcanada.com Dear Ms Walli, Consultation on Transition to International Financial Reporting Standards ("IFRS") and Consequent Amendments to Regulatory Instruments Board File No.: EB-2008-0408 Our File No.: 339583-000035 Pursuant to the Board's Notice of Hearing for Cost Awards dated June 30, 2009, we enclose the Cost Claim of our client, Canadian Manufacturers & Exporters ("CME"). z a v a a '" f- "" $ At Tab 4 of the enclosed Cost Claim, you will find the duly completed Cost Claim Summary allocated to the 7 segments in the form circulated by Ms Lea. The time spent which has been allocated to each of these segments is as follows: Coil Services rendered from Oct 29/08 to Jan 27/09 to the conclusion of the Issues Conference Services rendered from Luncheon Meeting on Jan 27/09 to Feb 20/09 totaling 11.0 hours are allocated to Column 5 below for preparation and attendance at the Stakeholder Conference because they pertain to the work we did in coordinating the joint retainer of John Browne by the Group of 8 Intervenors for the purposes of his preparation and eventual attendance at the Stakeholder Conference to provide the Board with the benefit of his expertise Col 2 Services rendered from Mar 04 to Mar 23/09 Co! 3 Services rendered from Mar 30 to Apr 08/09 Co! 4 Services rendered from Apr 16 to Apr 21/09 Col 5 Services rendered from Luncheon Meeting on Jan 27/09 to Feb 20/09 as previously noted, plus the services rendered from Apr 22 to May 21/09 Col 6 Services rendered from May 22 to May 25/09 Co! 7 Services rendered from May 26 to Jun 04/09 13.6 10.5 7.7 2.3 11.0 6.9 7.1 1.8 '" 13.6 "" :: Ci U Z "" ;; a 10.5 f- Z a 7.7 a 2.3 f- 17.9 "" s 7.1 "" f- f- 1.8 0 60.9 "" .w '" f- Z a :2 Total Hours: 60.9 The total time we spent in connection with this matter is 60.9 hours, which is materially less than the total authorized allocation of 123 hours per eligible participant. Please contact me if you have any questions or require any additional information. YO..J/ur....~ trui.y~",.'.i.. ....L.. '" ../~ i Wtrt' Peter C.P. Tho:~;son, Q. .: PCT\slc enclosure c. Distributors (bye-mail) OTTOl\3766490\1 r '" "" v "" u
Transcript
Borden Ladner Gervais LLP
Lawyers' Patent & Trade-mark AgentsWorld Exchange Plaza
Kirsten WalliBoard SecretaryOntario Energy BoardP.O. Box 23192ib floor - 2300 Y onge Street
Toronto ON M4P IE4
PETER C.P. THOMPSON, a.c.
direct tel.: (613) 787 -3528e-mail: pthompsonlQblgcanada.com
Dear Ms Walli,
Consultation on Transition to International Financial Reporting Standards ("IFRS")and Consequent Amendments to Regulatory InstrumentsBoard File No.: EB-2008-0408
Our File No.: 339583-000035
Pursuant to the Board's Notice of Hearing for Cost Awards dated June 30, 2009, we enclose the CostClaim of our client, Canadian Manufacturers & Exporters ("CME").
zav
aa'"
f-""
$At Tab 4 of the enclosed Cost Claim, you will find the duly completed Cost Claim Summary allocatedto the 7 segments in the form circulated by Ms Lea. The time spent which has been allocated to eachof these segments is as follows:
Coil Services rendered from Oct 29/08 to Jan 27/09 to the conclusion of the Issues Conference
Services rendered from Luncheon Meeting on Jan 27/09 to Feb 20/09 totaling 11.0 hoursare allocated to Column 5 below for preparation and attendance at the StakeholderConference because they pertain to the work we did in coordinating the joint retainer ofJohn Browne by the Group of 8 Intervenors for the purposes of his preparation andeventual attendance at the Stakeholder Conference to provide the Board with the benefit ofhis expertise
Col 2 Services rendered from Mar 04 to Mar 23/09
Co! 3 Services rendered from Mar 30 to Apr 08/09
Co! 4 Services rendered from Apr 16 to Apr 21/09
Col 5 Services rendered from Luncheon Meeting on Jan 27/09 to Feb 20/09 as previously noted,plus the services rendered from Apr 22 to May 21/09
Col 6 Services rendered from May 22 to May 25/09
Co! 7 Services rendered from May 26 to Jun 04/09
13.6
10.5
7.7
2.3
11.0
6.9
7.1
1.8
'"
13.6 ""::CiUZ"";;
a10.5 f-
Za
7.7 a2.3
f-
17.9
""s
7.1""f-f-
1.8 0
60.9
"".w'"f-Za:2
Total Hours: 60.9
The total time we spent in connection with this matter is 60.9 hours, which is materially less than thetotal authorized allocation of 123 hours per eligible participant.
Please contact me if you have any questions or require any additional information.
IN THE MATTER OF the Ontario Energy Board Act, 1998,S.O. 1998, c. 15, Schedule B;
AND IN THE MATTER OF cost award eligibility forinterested parties in a consultation process to examineissues relating to the transition to International Financial
Reporting Standards.
COST CLAIM OF
CANADIAN MANUFACTURERS & EXPORTERS ("CME")
July 15,2009
Peter C. P. Thompson, Q.C.Borden Ladner Gervais LLPWorld Exchange Plaza100 Queen StreetSuite 1100Ottawa ON K1P 1J9
Telephone (613) 237-5160Facsimile (613) 230-8842Counsel for CME
TABLE OF CONTENTS
Description Tab Nos.
Form 3 - Affidavit in Support of Cost Claim
Cost Claim of Peter C.P. Thompson
. Form 1 - Summary of Statement of Hours
. Form 2 - Summary of Disbursements
1
2
Cost Claim of Vincent J. DeRose
. Form 1 - Summary of Statement of Hours
3
Cost Claim Summary Sheet 4
OTT01\3653121\1
CME Cost Claim - page 2
FORM 3
AFFIDAVIT IN SUPPORT OF COST CLAIM
Board File No.: EB-2008-0408
Party Name ¡Intervenor: Canadian Manufacturers & Exporters ("CME")
Items Claimed excluding GST:
Legal/Consultant Fees + Disbursements = Net Sub-Total
$ 19,897.00
(Peter C.P. Thompson)(Vincent J. DeRose)
$ 1,869.18
(Peter C.P. Thompson)
= $ 21,766.18
Goods and Services Tax:Full Registrant (Claiming no GST)Unregistered (Claiming GST at 5%)
X Other (Claiming GST at 5%)Total GST Claimed
Qualifying Non-Profit (Claiming GST at 2.5%)Tax Exempt (Claiming no GST)
Total of Cost Claim:Net Sub-Total + Total GST Claimed = Total Cost Claim
$ 21,766.18 $ 1,085.61 = $ 22,851.79
I, Peter C.P. Thompson, of the City of Ottawa, in the Province of Ontario, MAKE OATH AND SAY:
1. i am a representative of the above-noted party (the "party") and as such have knowledge of the matters
attested to herein.
2. I have examined the above Cost Claim, and all of the documentation in support of it.
3. The above Cost Claim represents only costs incurred directly and necessarily by the party for the purposeof its intervention in the Ontario Energy Board process (the file number of which is set out above).
4. The above Cost Claim does not include any costs incurred for work done, or time spent, by employees orofficers of the party as described in section 6.05 of the Board's Practice Direction on Cost Awards.
I ..'fSWORN BEFORE ME at the City of Ottawa, in the Province of Ontario on the ~ day of July, 2009.
IO/:*, 1
tM ¡) Jf
JENNIFER ANN JUNE DESROSIERS, a Commissioner, etc..
Cit of Otawa, for Borden Ladner Gervs LL.
Barstern an Solicitors.
Exires June 4, 2010.
CME Cost Claim - page 3
FORM 1
SUMMARY STATEMENT OF HOURS - CONSULTANT AND LEGAL COUNSEL
A separate form is required for each consultant or legal counsel
EB-2008-0408 Canadian Manufacturers & Exporters ("CME")Board File No. Party Name I Intervenor
Peter C.P. Thompson 1967 Borden Ladner Gervais LLPLegal Counsel Name Year of Call Law Firm
N/A N/A N/AConsultant Name Years of Relevant Experience Consultant Firm
Note: All claims must be in Canadian dollars. If applicable, state exchange rate: ; and country of initial currency:
CME Cost Claim - page 4
DETAILED STATEMENT OF HOURS - Peter C.P. ThompsonDate Description of Services Time Allocation
29-0ct-08 Considering Mr. Shepherd's e-mail and SEC draft submissions re: 3.8 Preptransition to IFRS; e-mail to Mr. Shepherd; considering his response;e-mail to CME representatives; considering their responses; draftingCME letter of support to OEB
21-Jan-09 Considering e-mail exchange with Mr. Shepherd and Mr. Aiken re: 0.2 Prepretention of an expert
22-Jan-09 Considering e-mail exchange with Mr. Shepherd 0.1 Prep
22-Jan-09 Considering and responding to e-mail from Mr. Mondrow 0.2 Prep
23-Jan-09 Reviewing further e-mails and materials re: IFRS 0.2 Prep
25-Jan-09 Considering further e-mails and IFRS information from Mr. Shepherd 0.2 Prepand Mr. Aiken
25-Jan-09 E-mail to Mr. Shepherd 0.1 Prep
26-Jan-09 Considering further paper from Mr. Browne; e-mail to Messrs. Shepherd 0.3 Prepand Aiken
26-Jan-09 Reviewing Brief of Materials on OEB website re: IFRS 1.0 Prep
27 -Jan-09 Preparation for Issues Conference during travel to Toronto 2.0 Prep
27 -Jan-09 Attendance at Issues Conference 3.5 Attend OH
27 -Jan-09 Attendance at luncheon meeting with intervenor representatives 1.2 Prep
27 -Jan-09 Considering e-mail from Mr. Browne; e-mail to Mr. Shepherd 0.1 Prep
28-Jan-09 Considering e-mail exchange between Mr. Shepherd and intervenor 0.2 Preprepresentatives and with Mr. Browne
29-Jan-09 Preparation for conference call and thereafter, conference call with Mr. 2.0 PrepShepherd and Mr. Browne
30-Jan-09 Reviewing e-mail from Mr. Browne and sending e-mail to Mr. Shepherd 0.2 Prep
1-Feb-09 Considering and responding to Mr. Shepherd's several e-mails 0.4 Prep
2-Feb-09 Considering various e-mails re: retainer of expert 0.3 Prep
4-Feb-09 Considering revised Draft Issues List; drafting and dictating e-mail to Ms 1.5 PrepLea and other intervenors re: suggested revisions; further e-mailexchange with Ms Lea
4-Feb-09 Considering e-mail from Mr. Aiken to Ms Lea 0.1 Prep
5-Feb-09 Considering Mr. Shepherd's letter to OEB re: consultant for intervenors 0.1 Prep
13-Feb-09 Considering Cost Decision re: retainer of Mr. Browne 0.2 Prep
13-Feb-09 Considering and responding to e-mail from Mr. Shepherd 0.1 Prep
13-Feb-09 Considering and responding to further e-mails from Mr. Shepherd 0.2 Prep
17-Feb-09 Reviewing correspondence and Board Decision re: Cost Award eligibility 1.2 Prepand drafting retainer letter for consideration by intervenors
CME Cost Claim - page 5
18-Feb-09 Considering e-mails and comments on draft retainer letter; revising draft 1.5 Prepletter and e-mail to Eligible Participants
18-Feb-09 Considering further e-mails from Mr. Mondrow and Mr. Shepherd 0.2 Prep
19-Feb-09 Considering and responding to various e-mails prompted by Mr. 1.0 PrepMondrow
19-Feb-09 Considering e-mail from Mr. Browne and subsequent telephone call from 0.2 PrepMr. Browne
20-Feb-09 E-mail to Mr. Browne 0.1 Prep
20-Feb-09 E-mail to intervenor representatives re: Mr. Browne's work plan and date 0.2 Prepfor initial presentation
4-Mar-09 Reviewing various e-mails re: meeting with Mr. Browne 0.3 Prep
5-Mar-09 E-mail to Mr. Browne and Mr. Aiken 0.2 Prep
5-Mar-09 Considering KPMG Report and letter from the Board re: questions 1.0 Prepthereon
5-Mar-09 E-mail to Mr. Browne 0.1 Prep
6-Mar-09 E-mail to various intervenors re: meeting with Mr. Browne 0.1 Prep
11-Mar-09 E-mail to Meeting Participants 0.1 Prep
11-Mar-09 Reviewing Mr. Browne's draft slides and e-mail exchange with Mr. 0.4 PrepShepherd
13-Mar-09 Preparation for meeting with intervenors and Mr. Browne during travel to 1.5 PrepToronto
13-Mar-09 Attendance at meeting with intervenors and Mr. Browne 4.0 Prep
15-Mar-09 Considering Mr. Browne's and Mr. Shepherd's e-mails and e-mail in 1.0 Prepresponse
17-Mar-09 Reviewing Ms Frank's letter to the Board; e-mail exchange re: Alberta 0.2 Prepapproach to IFRS
18-Mar-09 Considering and responding to various e-mails and telephone 0.8 Prepconversation with Mr. Browne
18-Mar-09 Reviewing Statement of Guiding Principles; further e-mails with Mr. 0.5 PrepShepherd and Mr. Browne
20-Mar-09 Considering and responding to e-mails from Mr. Browne 0.2 Prep
23-Mar-09 E-mail to Mr. Shepherd 0.1 Prep
30-Mar-09 Considering and responding to e-mail from Mr. Browne 0.2 Prep
1-Apr-09 Considering and responding to Mr. Browne's e-mail 0.3 Prep
2-Apr-09 Considering various e-mails, including e-mail from Mr. Browne and 0.3 Prepresponding thereto
2-Apr-09 Considering e-mail from Ms Lea 0.1 Prep
7 -Apr-09 Reviewing information from Ms Lea and Mr. Browne; preparing for 1.5 Prepmeeting at OEB tomorrow
CME Cost Claim - page 6
8-Apr-09 Preparation for meeting in Toronto to discuss Board Staff proposals 1.8 Prep
8-Apr-09 Attendance at IFRS meeting 3.5 Prep
16-Apr-09 Considering and responding to Mr. Harper's e-mail 0.1 Prep
Party Name ¡Intervenor: Canadian Manufacturers & Exporters ("CME")
Party or Group that made the disbursement: Borden Ladner Gervais - Peter C.P. Thompson
INET COST
IGST
I
Photocopies 286.50 14.33
Telephone Conference Calls 59.69 2.98
Meals/Meeting Expense 150.66 6.98
Travel: air 1,112.66 55.64
Travel: parking 32.97 1.53
Travel: taxis 203.84 8.16
Travel: meals 22.86 1.14
GRAND TOTAL:
SUB-TOTAL: $1,869.18 $ 90.76 $1,959.94
Notes: (a) All claims for disbursements must include receipts where practical.(b) All claims must be in Canadian dollars. If applicable, state exchange rate _, and country of initial currency _.
1. Expenses are to be remitted within one week of being incurred.
2. Original receipts are required for all items.
3. Non-bilable expenses must be approved by Group Leader............ ... ...... ....... .... ... ........... .......... ...... ...... .......... ... ....... *.....
LAWYER OR GROUP lEDER'S APP~VA'- tj;t¡j~;¡floz¿f~-
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Booking Information AIR CANADA (j
Booking Reference: LZWTRZ Customer Care
Electronic Ticketing confirmed. This is your official itinerary/receipt.Air Canada1 -888-247-2262
Main Contact:Mr Peter Thompsonpthom pson(¡blgcanad a. comHome: 1-613-7415680Work: 1-613-2375160
Flight Arrivals andDepartures1 -888-422 -7533
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Flight Itinerary
Flight From To Stops Duration Aircraft FareMeal*Type
aircanada.com - Flights - Booking Confirmation Page 2 of 4
Passenger Information
Passenger 1: Adult
Name:Ticket Number:Meal Preference:
Sports equipment:Additional checked bags:
Seat Selection:
Credit Card:
Mr Peter Thompson0142166963340RegularNoneNone
Nonexxxx-xxxx-xxxx-
Frequent Flyer Pgm : Air Canada - AeroplanProgram Number:
Special Needs: None
Purchase Summary
Fare SummaryPassenger Type
Departing Flight - Tango Plus
Returning Flight - Latitude
Surcharges
Adult129.00369.00
24.00
Taxes, Fees and ChargesCanada Airport Improvement Fee 35.00Air Travellers Security Charge (ATSC) 9.33Canada Goods and Services Tax (GST/HST #10009-2287 RT0001) 28.32Total airfare and taxes before options (per passenger) 594.65Number Of Passengers 1Total 594.65RBC Travel Insurance (declined) 0.00Grand Total - Canadian dollars /' $594.65~'he fOllow'"9 ch,~e' (f" iodo",,) wfl 'pee"~ 00 ""' "e,,' æ,d ""em~ ~
. Air Canada: $594.65 (Airfare - per ticket)
-x Gs-r
Ticket number(s): 0142166963340
Fare Rules
Departing Flight Ottawa (YOW) To Toronto (VYZ) - Tango Plus
. Tickets are non-refundable and non-transferable.
· Change Fee per direction is $50 CAD plus applicable taxes and any additional fare difference.· Airport Same-day change (subject to availability) is permitted at a flat fee of $50 CAD/USD. No
change fee for fare difference. Same-day flights only.· Changes can be made up to 2 hours prior to departure. Cancellations can be made up to 45
minutes prior to departure. Provided the original booking is cancelled prior to the original flightdeparture, the value of unused ticket can be applied within a one year period from date of issue ofthe original tickets to the value of a new ticket subject to a $50 CAD/USD change fee per direction,plus taxes and any fare difference if applicable, subject to availability and advance purchaserequirements. The new outbound travel date must commence within a one year period from theoriginal date of ticket issuance. If the fare for the new journey is lower, any residual amount wil beforfeited.
. Flights can only be used in sequence from the place of departure specified on the itinerary.
. Customers who no-show their flight will forfeit the fare paid.· Complimentary advance seat selection on Air Canada (subject to availability).. Same day standby is not permitted.. Earn 100% Air Canada Status Miles
1. Expenses are to be remitted within one week of being incurred.
2. Original receipts are required for all items.
3. Non-billable expenses must be approved by Group Leader* .... *.. .... ......... ...... .................................... ..... ............. .... .........
LAWYER OR GROUP LEADER'S APPROVAL:
Air Canada- 13-Ma\: Ottawa - Toronto (booking ref: PQL4VR) - seat selected Pagelof5
Thompson, Peter C. P.
From: Air Canada (confirmation(gaircanada.comJ
Sent: March 12, 2009 5:09 PM
To: Thompson, Peter C. P.
Subject: Air Canada - 13-Mar: Ottawa - Toronto (booking ref: PQL4VR) - seat selected
****** PLEASE DO NOT REPLY TO THIS E-MAIL ******
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bringing along your favourite headset each time you fly. We even provide complimentary adaptors onboard all aircraftsequipped with outlets not compatible with single-prong headset jacks.
n, Get Flexibility Reward Option (FRO) to earn up to $57 CAD per one-way" If you are flexible with your travel and don't mind departing a little later, you could earn as much as $57 CAD by
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Booking Information
r-"'- ",m__ "-,, '1Booking Reference: I PQL4VR I~__,__,______.J
AIR CANADA (iCustomer Care
Electronic Ticketing confirmed. This is your official itinerary ¡receipt.Air Canada1-888-247-2262
Main Contact:Mr Peter Thompsonpthompson(§ blgca nad a. comHome: 1-613-7415680
Flight Arrivals andDepartures
12/03/2009
Air Canada - 13-Mar: Ottawa - Toronto (booking ref: PQL4VR) - seat selected Page 2 of 5
1-888-422-7533Work: 1-613-2375160
Online Services
. MariagE! my booking online (view/change my booking; select seats*).
. AIi:rtmE! of flight status changes directly to my mobile phone or email.
. FlightArri"alsR. PePartl,reS - check online if my flight is on time.
. Çheck-in OnlinE! and print my boarding pass.
* Can my booking be changed online?
Flight Itinerary
Flight From To Stops Duration Aircraft Fare MealType *
Taxes, Fees and ChargesCanada Airport ImprQvement Fee
Air Travellers Security Charge (A TSC)
Canada Goods and Services Tax (GST/HST #10009-2287 RT0001)
Total airfare and taxes before options (per passenger)Number Of PassengersTotal
RBC Travel Insurance (declined)
35.00
9.33
27.32
573.651
573.650.00
( $573.6~
* G S.-r
Grand Total - Canadian dollars
12/03/2009
Air Canada - i 3-Ma,r Ottawa - Toronto (booking ref: PQL4VR) - seat selected Page 3 of 5
The following charges (tax inclusive) will appear on your credit card statement:Air Canada: $573.65 (Airfare - per ticket)
Ticket number(s): 0142168712885
Fare Rules
Departing Flight Ottawa (YOW) To Toronto (YYZ) - Tango Plus
. Tickets are non-refundable and non-transferable.
. Change Fee per direction is $50 CAD plus applicable taxes and any additional fare difference.
. Airport Same-day change (subject to availability) is permitted at a flat fee of $50 CAD/USD. Nochange fee for fare difference. Same-day flights only.
. Changes can be made up to 2 hours prior to departure. Cancellations can be made up to 45 minutesprior to departure. Provided the original booking is cancelled prior to the original flight departure, thevalue of unused ticket can be applied within a one year period from date of issue of the original ticketsto the value of a new ticket subject to a $50 CAD/USD change fee per direction, plus taxes and anyfare difference if applicable, subject to availability and advance purchase requirements. The newoutbound travel date must commence within a one year period from the original date of ticketissuance. If the fare for the new journey is lower, any residual amount will be forfeited.
. Flights can only be used in sequence from the place of departure specified on the itinerary.
. Customers who no-show their flght will forfeit the fare paid.
. Complimentary advance seat selection on Air Canada (subject to availability).
. Same day standby is not permitted.
. Earn 100% Air Canada Status Miles
Returning Flight Toronto (YYZ) To Ottawa (YOW) - Latitude
. Tickets are fully refundable and non-transferable.
. Changes can be made up to 2 hours prior to departure. Cancellations can be made up to 45 minutesprior to departure. Changes are permitted and a change fee does not apply. Advance purchase mayapply. Your total ticket price may increase if changes are made and the original fare you booked is nolonger available, or if you call Air Canada Reservations, who may not have access to the original fare.
. Lower Latitude fares may be available only at aircanada.com for selected flights and dates. Any
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. Within Continental North America, a complimentary snack selection will be offered on most short haulflights between 1.5 and 2 hours (does not apply to Jazz operated flights); and a complimentary snackand sandwich selection will be offered on most flights of more than 2 hours (sandwich selection is notoffered on Jazz operated flights).
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Travel DocumentsFor air travel within Canada, Air Canada is required by federal government regulations to check
identification at the departure gate for all passengers who appear to be 18 years of age or older. The nameon the identification must match the name used on the Itnerary/receipt. The passenger must present: one
i 2/03/2009
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s~ 7~ 6N IW 25 ~ I Driver G.ST # (if applicable)
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CME Cost Claim - page 8
FORM 1
SUMMARY STATEMENT OF HOURS - CONSULTANT AND LEGAL COUNSEL
A separate form is required for each consultant or legal counsel
EB-2008-0408 Canadian Manufacturers & Exporters ("CME")Board File No. Party Name I Intervenor
Vincent J. DeRose 2001 Borden Ladner Gervais LLPLegal Counsel Name Year of Call Law Firm
N/A N/A N/AConsultant Name Years of Relevant Experience Consultant Firm
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