Court of Appeal for Ontario

Date: 2024-02-05 Docket: COA-23-CV-0299

Before: Lauwers, van Rensburg and Thorburn JJ.A.

Between:

Y Hon Phong Applicant (Respondent)

and

Jade Nguyen Respondent (Appellant)

Counsel: Michael H. Tweyman, for the appellant Yunjae Kim, for the respondent

Heard and released orally: February 2, 2024

On appeal from the order of R. Lee Akazaki of the Superior Court of Justice, dated February 9, 2023.

Reasons for Decision

[1] Assuming but not accepting that the contempt finding in the Order of Akazaki J. dated February 9, 2023 under appeal was appropriate, and without endorsing the reasons given by him, and solely on the basis of the parties’ settlement, we allow the appeal in part and otherwise dismiss the appeal as agreed by the parties.

[2] In particular, the requirement to provide an apology letter in para. 2 of the Order, is set aside and the paragraph is varied to read as follows: The Respondent, Jade Nguyen, shall pay a fine of $1,000.00 to the Minister of Finance of Ontario, within 15 days of the release of this Order. No costs of the appeal or of this attendance.

P. Lauwers J.A.

K. van Rensburg J.A.

Thorburn J.A.