DATE: 20061215

DOCKET: C43131

COURT OF APPEAL FOR ONTARIO

RE:

JENNIFER-ANNE COWLES, JESSE COWLES, a minor by his Litigation Guardian, Jennifer-Anne Cowles, QUINTO COWLES, a minor by his Litigation Guardian, Jennifer-Anne Cowles and ANNE KELLY (Plaintiffs/Respondents) v. DAVID BALAC, RANKO BALAC and THE AFRICAN LION SAFARI & GAME FARM LTD. (Defendant-Appellant) – AND – DAVID BALAC, RANKO BALAC, SLAVKA BALAC and SANDRA BALAC (Plaintiffs/Respondents) v. AFRICAN LION SAFARI & GAME FARM LTD. and LIBERTY MUTUAL INSURANCE COMPANY (Defendant/Appellant)

BEFORE:

O’CONNOR A.C.J.O., BORINS and ROULEAU JJ.A.

COUNSEL:

Earl A. Cherniak, Q.C., Kirk F. Stevens and Christine Snow for the appellant

Alan A. Farrer and Craig Brown for the respondents, Jennifer-Anne Cowles, Jesse Cowles, Quinton Cowles and Anne Kelly

R. Donald Rollo for the respondent, Jennifer-Anne Cowles

Bruce Haines, Q.C. and Douglas Christie for the respondents, David Balac, Ranko Balac, Slavka Balac and Sandra Balac

HEARD:

June 12, 2006

On appeal from the judgment of Justice Jean L. MacFarland of the Superior Court of Justice dated January 27, 2005, reported at [2005 2038 (ON SC)](https://www.canlii.org/en/on/onsc/doc/2005/2005canlii2038/2005canlii2038.html), [2005] O.J. No. 229.

C O S T S E N D O R S E M E N T

[1] I would order the African Lion Safari & Game Farm Ltd. to pay the following costs of the two appeals as follows:

(a) $100,000, inclusive of GST and disbursements to the Cowles respondents represented by Thomson Rogers and the Balac respondents represented by Messrs. Haines and Christie. The parties should agree upon the allocation of the $100,000 between them, failing which we may be spoken to.

(b) $20,000, inclusive of GST and disbursements to Jennifer Anne Cowles with regard to the representation by R. Donald Rollo, Q.C.

“Dennis O’Connor A.C.J.O.”

“Paul Rouleau J.A.”