Court of Appeal for Ontario
Before: Roberts J.A. (Motion Judge)
Between
Suy Thi Nguyen
Applicant (Respondent/Responding Party)
and
Tran Tuan Linh Pham
Respondent (Appellant/Moving Party)
Counsel:
Tran Tuan Linh Pham, acting in person
Raffaele Masellis, for the responding party, Suy Thi Nguyen
Heard: in writing
COSTS DECISION
1This endorsement settles the costs terms of the December 9, 2025 order. For the reasons that follow, I approve the form and content of the draft order submitted on behalf of Ms. Nguyen (“the draft order”).
2On December 9, 2025, I dismissed Mr. Pham’s motion to extend the time to serve and file his notice of appeal from the August 5, 2025 judgment of Vella J. I ordered that Mr. Pham pay Ms. Nguyen’s costs of the extension motion and that those costs could be paid out of Mr. Pham’s share of the proceeds from the sale of the matrimonial home which are held in trust by the real estate solicitor (“the trust funds”). I invited the parties to make brief written costs submissions on the scale and quantum of costs, if they could not agree on them.
3On December 15, 2025, the parties agreed to settle the issue of costs in the terms set out in counsel’s exchange of correspondence, as mirrored in the draft order. Those terms include that the amount of the costs for the extension motion is fixed in the all-inclusive amount of $7,500 (“the $7,500 costs amount”) and payable on terms, which I summarize as follows:
(a) The $7,500 costs amount is payable forthwith from Mr. Pham’s funds other than from his share of the trust funds;
(b) Mr. Pham’s share of the trust funds shall be applied exclusively toward payment of the trial level costs award without reduction or set off for the $7,500 costs amount; and
(c) Any shortfall remaining after application of Mr. Pham’s share of the trust funds toward payment of the trial level costs award shall likewise be payable by Mr. Pham from his other funds.
4On December 16, 2025, Ms. Nguyen’s counsel, copied to Mr. Pham’s then counsel, advised the court office by email that the parties had settled costs on the above-noted terms, as outlined in counsel’s email, and, again, as mirrored in the draft order, and that it was unnecessary for the court to determine the issue.
5The $7,500 costs amount was not paid. By notice of appointment dated July 3, 2026, Ms. Nguyen took out an appointment before this court’s Registrar to settle the terms of the draft order. On July 17, 2026, Mr. Pham’s then counsel advised the court that they were no longer acting for him. On July 20, 2026, Ms. Nguyen’s counsel and Mr. Pham appeared before the Registrar by Zoom conference. Mr. Pham objected to the form and contents of the draft order. The Registrar referred the matter to me for determination.
6Mr. Pham’s objection to the draft order is unfounded. The draft order precisely sets out the agreed-upon terms. The exchange of correspondence attached to the affidavit in support of Ms. Nguyen’s appointment to settle the December 9, 2025 order clearly establishes the settlement between the parties in the terms set out in the draft order. There is nothing in Mr. Pham’s written submissions that displaces that agreement. Rather, his submissions seem to focus on the form and content of Vella J.’s August 5, 2025 order that he unsuccessfully sought an extension of time to appeal, which is not before me.
7The $7,500 costs amount in the draft order is fair and reasonable and represents a discount from the $8,368.22 in partial indemnity costs claimed by Ms. Nguyen in her costs submissions, which favours Mr. Pham. The other agreed upon terms regarding the payment mechanism of the $7,500 costs amount are also fair and reasonable and in keeping with the December 9, 2025 order.
8The December 9, 2025 order granted the costs of the extension motion to Ms. Nguyen. That those costs could be paid from Mr. Pham’s share of the trust funds was one way but not the only way by which Ms. Nguyen’s costs would be paid by Mr. Pham. If, as turned out to be the case here, Mr. Pham’s share of the trust funds proved insufficient to satisfy the $7,500 costs amount ordered to be paid, Mr. Pham would be responsible for paying it with other funds. This is what the wording of the draft order reflects.
9As a result, order to go in the form of the draft order.
“L.B. Roberts J.A.”