Hue Chung (Calvin) Huong

This endorsement concerns a hearing regarding the bankruptcy of Yen Thi Duong and 18960088 Ontario Inc. The court accepted a proposed release plan for Ms. Duong, with the consent of the Trustee in Bankruptcy and the Office of the Superintendent of Bankruptcy.

The release was granted subject to specific terms, including Ms. Duong's adult daughter acting as surety, posting a $10,000 performance bond, surrender of Ms. Duong's passport, compliance with obligations under section 158 of the Bankruptcy and Insolvency Act, and attendance for examination under section 163 of the Bankruptcy and Insolvency Act.

The court directed Ms. Duong's release from custody upon fulfillment of the bond and passport surrender.

Following a prior costs endorsement awarding costs to the defendant, the defendant sought clarification regarding who was responsible for payment.

Evidence established that the plaintiff business operated as a sole proprietorship registered in the name of an individual who testified she was the sole proprietor.

The court rejected the plaintiff’s argument that it was functus officio and clarified its earlier endorsement.

The court held that the sole proprietor, as the alter ego of the business, was responsible for the costs award.

An order was issued directing the proprietor to pay the previously ordered costs.