Court File and Parties

Court File No.: CV-21-00668064-0000

ONTARIO

SUPERIOR COURT OF JUSTICE

THE HONOURABLE

MADAM JUSTICE MERRITT

FRIDAY, THE 31ST DAY OF OCTOBER, 2025

B E T W E E N:

BANK OF MONTREAL

Plaintiff

- and -

8156310 CANADA INC. operating as HD KITCHEN AND SERVICES

and DUC HIEN DO also known as DO DUC HIEN

Defendants

ORDER

THIS MOTION, made by the Bank of Montreal (the "Bank"), on notice, was heard on May 12, June 16 and October 31, 2025, at the Court House, 330 University Avenue, Toronto, Ontario.

ON READING the Affidavit of Juliana Kotsopoulos sworn November 28, 2024 and the Affidavit of Tiegan Kilbride sworn May 8, 2025, and the exhibits annexed thereto, the Affidavit of Service of Kimberley Miller sworn December 30, 2024 with respect to the service of the Motion Record for the within contempt motion upon the defendant Duc Hien Do also known as Do Duc Hien ("Do"), and this matter first coming on for hearing before Associate Justice R. Frank on July 10, 2023, and upon His Honour AJ Frank issuing an Order compelling the attendance of Do at an examination in aid of execution, and upon Do failing to appear for the Court ordered examination on October 4, 2023 although duly served with a Notice of Examination and the Order of Associate Justice R. Frank dated July 10, 2023, and upon this Court finding Do to be in contempt of Court by the Order of Justice Merritt dated May 12, 2025, and upon ordering Do to appear in person before this Court for a penalty hearing on June 16, 2025 at which time Do was ordered to produce certain documents by July 25, 2025 and attend an examination in aid of execution on August 29, 2025 to purge his contempt, both of which he failed to do, and upon hearing submissions of counsel for the Bank, and Do failing to attend today's hearing,

(a) the costs of this penalty hearing;

(b) the costs of the unsatisfactory June 10, 2025 examination in aid of execution during which Do failed to retain a translator as was his obligation and then claimed not to speak English;

(c) the costs thrown away for the August 29, 2025 examination which Do failed to attend, despite having been ordered to do so by this Court;

and these costs shall be payable on a full indemnity basis in the all-inclusive amount of $15,587.50, inclusive of HST and disbursements.

This Order bears interest at the rate of 4.0% per annum in accordance with the Courts of Justice Act.

Backsheet

BANK OF MONTREAL -and- 8156310 CANADA INC. et al.

Plaintiff / Defendants

Court File No.: CV-21-00668064-0000

ONTARIO

SUPERIOR COURT OF JUSTICE

Proceeding commenced at TORONTO

ORDER

SPETTER ZEITZ KLAIMAN PC Barristers and Solicitors 100 Sheppard Avenue East, Suite 850 Toronto, Ontario M2N 6N5

JAMES S. QUIGLEY LSO No. 42924B Tel.: (416) 789-0659 Email: jsquigley@szklaw.ca

Lawyers for the Plaintiff