Court File and Parties

COURT FILE NO.: BK-21-02772656-0031 and BK-22-02759464-0031 DATE: 20240620 ONTARIO - SUPERIOR COURT OF JUSTICE – COMMERCIAL LIST

IN BANKRUPTCY AND INSOLVENCY

IN THE MATTER OF THE BANKRUPTCY OF YEN THI DUONG OF THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO

AND IN THE MATTER OF THE BANKRUPTCY OF 18960088 ONTARIO INC. OF THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO

BEFORE: Peter J. Osborne J.

COUNSEL: Hue Chung (Calvin) Huong, Counsel for Bankrupts, Yen Thi Duong and 1896088 Ontario Inc. Randy Schliemann, Lawyer for the Trustee in Bankruptcy Gregory Judd, Lunjar Sharma & Associates Inc. in its capacity as Trustee in Bankruptcy for the Bankrupts Stephen Bayley, Lawyer for the Office of the Superintendent of Bankruptcy

HEARD: June 19 and 20, 2024

Endorsement

[1] This hearing continued today in respect of both above-noted proceedings, via Zoom, having been adjourned yesterday in order that Ms. Duong and 1896088 Ontario Inc., a company of which Ms. Duong is the sole director and officer, could retain counsel.

[2] Today, Mr. Huong appears as counsel for both of those parties.

[3] In the circumstances, I am prepared to accept the release plan proposed by Mr. Huong, with the consent of both the Trustee in Bankruptcy and the Office of the Superintendent in Bankruptcy, and authorize Ms. Duong’s release on the following terms of the proposed Release Plan:

a. Ms. Duong’s adult daughter, Ms. Eva Duong (present in Court today), agrees to act as Surety for her mother; b. the Surety shall immediately post a performance bond in the amount of $10,000 which may be subject to forfeiture in the event of a failure by Ms. Duong to comply with the terms of her release; c. Ms. Duong shall surrender her passport and agree not to leave the jurisdiction. Her passport will be held by her counsel, Mr. Huong; d. Ms. Duong in her personal capacity, and in her capacity as officer and director of 1896088 Ontario Inc., Will comply with all obligations of a Bankrupt pursuant to section 158 of the Bankruptcy and Insolvency Act; and e. Ms. Duong in her personal capacity and on behalf of 1896088 Ontario Inc. shall attend before Associate Justice Ilchenko sitting as the Registrar in Bankruptcy of the Ontario Superior Court of Justice to be examined pursuant to section 163 of the Bankruptcy and Insolvency Act, commencing at 10:00 AM on Thursday, July 4, 2024 at the Courthouse, 393 University Ave., Toronto, ON. A court reporter and a Vietnam he/English interpreter are required for that examination.

[4] I direct the detention facility where Ms. Duong is being held to release her from custody as soon as possible once the Surety has posted the performance bond and Ms. Duong’s passport has been surrendered.

Osborne J.