Aug 22, 2007

Disbursement fees

The en bloc lawyer has sent out a letter to the majority owners demanding that they pay $781.25 to them as soon as possible for the purposes of paying for the disbursements to be incurred in the application to the STB.

These are the disbursements listed:
  1. Advertisement fee: $200,000
  2. Photocopying: 50,000
  3. Valuation: 20,000
  4. STB filing fee: 5,000
  5. Hearing fee(x5): 5,000
  6. expert witness': ______

Total: $280,000

$280,00 / 457 majority units = $612.69

So, are there more costs involved?

According to the CSA (draft); the lawyer fee that is charged on completion = $2,380 / unit + disbursements.

The lawyer fee for application to the STB is extra: $30,000 + $5,000 per minority objection, subject to a cap of $50,000.

Whether this is a $50,000 overall fee cap or $80,000 is unclear, but I believe the latter.

As it is certain that at least 40 minority owners are appealing, does this STB lawyer fee have to be paid upfront by the majority along with the hefty disbursements? It seems so.

$280,000 + $80,000 = $360,000

$360,000 / 457 majority units = $787.74

This is closer to the figure if $781.25

The majority should check on this.

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