The appeal by Bazar McBean LLP, S. David Bazar, and S.D. Bazar Professional Corporation (appellants/defendants) was partially successful, reducing the damages initially awarded to Hanson Crossborder Tax Inc. and Elena Hanson (respondents/plaintiffs).
Costs Decision:
- The appellants were awarded $17,000 in appeal costs.
- The trial court’s cost decision was influenced by both parties’ divided success and conduct, including the respondents' defamatory actions.
- Initially, the trial court awarded the respondents $35,000 in costs, reduced from $50,000 due to these factors.
- The appellate court set aside the trial judge's cost award, ruling that each party should bear their own costs because of their unrealistic claims and complex litigation approach.
Impact of Pre-Trial Offer to Settle:
- The appellants' pre-trial Offer to Settle impacted the costs decision, as the reduced damages awarded on appeal fell below this offer.
Successful Party:
- The appellants (defendants) were partially successful on appeal, achieving a reduction in the damages awarded to the respondents.
Total Monetary Award/Costs/Damages:
- Damages: The appellants received a net award of $24,841 after the appeal.
- Costs of the Appeal: Appellants were awarded $17,000.
- Costs at Trial: The trial cost award to the respondents was set aside, resulting in no additional costs being awarded.
Thus, the appellants were granted $24,841 in damages and $17,000 in appeal costs, with no further trial costs awarded.