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The Honourable Phuong Ngo

The Honourable Phuong NgoWhat was your path into law and onto the bench?

I did not plan to become a lawyer or a judge, but it happened organically, with fortunate opportunities that came along the way. My family arrived in Canada after the end of the Vietnam War in 1975 and my parents were heavily involved in community volunteerism as soon as they arrived in Canada. This ingrained in me a deep sense of service and giving back.

I completed the French common law program at the University of Ottawa. Then, I articled and practiced as a litigator at Gowling WLG in Ottawa in the Advocacy Department, where I became a partner. The 25 years I spent at the Firm allowed me to work with wonderful individuals and clients and gave me the opportunity to be the leader of the procurement law group, member of the medical defence and health law practice as well as the Board of Trustees. My professional career as a lawyer was enriching and very fulfilling. I appeared before the Federal Court and Federal Court of Appeal, Ontario Superior Court and Divisional Court, Ontario Court of Appeal, as well as administrative tribunals such as the Canadian International Trade Tribunal, Human Rights Tribunal of Ontario, College of Physicians and Surgeons of Ontario, Health Professions Appeal and Review Board, among others. My community work and mentoring roles continued during this time.

I was encouraged by one of my mentors to apply to the judiciary and the pull of service and a new challenge prompted me to do so. I am so happy that I heeded his advice. I was appointed to the Federal Court in 2023, and this new chapter has been wonderful. I am honoured to be working with some of the brightest and hard-working legal minds.

What experience in your legal career best prepared you for work on the bench?

The experience I garnered as a litigator, tackling difficult and complex cases with voluminous materials on a regular basis, has helped me very much since joining the Federal Court. There was also a significant human element to my work as a lawyer or volunteer, regardless of context. This helped me understand and appreciate the challenges many experience, such as an inability to understand or access the legal system because of a language barrier or for cultural or socio- economic reasons, or prejudice and racism. It also gave me the opportunity to understand and appreciate first-hand the diversity of Canadians that make up our country. My path has taught me to continue to be open-minded, to learn, to be curious and always, to listen.

What advice to you have for counsel who appear before you?

It may seem trite but be well prepared. Know the evidence in your case inside and out, understand the rules of evidence and the case law well. Each Court has different Rules, so it is important to understand their procedures.

Anticipate opposing counsel’s arguments and possible questions from the judge. You may have arguments ready to present, but it is important not to be married to a script. Listen to and answer the judge’s questions because they are trying to understand your arguments.

Be faithful to the evidence and the law. Don’t risk damaging your professional reputation - and undermining your client’s case - by overstating or exaggerating evidence, misstating the law, or misleading the Court. Be respectful and civil to opposing parties and counsel, and those involved in the justice system. You are an advocate, but you are also an Officer of the Court and a representative of the profession.