Background: Eduard Kulla sued Ming Chiu and Ming’s Recycling Company Ltd. for unspecified claims. The defendants offered to settle Kulla’s claim and a related action (Kulla v. Drita et al.) for $175,000 on July 21, 2023. Kulla did not accept the offer and proceeded to trial, where he was awarded $60,000 in non-pecuniary damages, with all other claims dismissed.

Legal Issue: The primary legal issue was the allocation of costs following the trial, given that the plaintiff's award was less than the defendants' offer to settle.

Held: The court ruled that the defendants were entitled to their costs and disbursements from August 31, 2023, onward because Kulla should have accepted the settlement offer by that date. The plaintiff was awarded his costs and disbursements up to August 31, 2023. Double costs were not awarded to the defendants as the plaintiff received a judgment.

Costs/Damages Awarded: Eduard Kulla was awarded $60,000 in non-pecuniary damages. Additionally, Kulla received his costs and disbursements at Scale B up to August 31, 2023. The defendants were awarded their costs and disbursements at Scale B from August 31, 2023, onward. No costs were awarded for the costs hearings on May 13 and May 28, 2024.