Image

Michael Nowina

Partner
Baker & McKenzie LLP

Biography

Michael Nowina is a member of the Firm's Dispute Resolution and Global Financial Restructuring & Recovery practice groups. Mr. Nowina has a diverse civil litigation practice, with a focus on fraud recovery, insurance defence and insolvency law. Mr. Nowina has appeared before all levels of courts in Ontario and regularly appears on matters on the Commercial List in Toronto. Mr. Nowina is a frequent contributor to www.canadianfraudlaw.com and www.globalclassactionsblog.com.

Practice Focus

Mr. Nowina's fraud-related and investigations experience includes representing victims of a Canada-wide investment fraud and ultimately securing recovery of proceeds from the fraud, advising creditors in proceedings commenced to recover fraudulent conveyances and preferential payments, and representing a Canadian financial institution in proceedings to recover funds from a significant fraud by a borrower under an asset-backed lending agreement. Mr. Nowina also regularly acts on the defense of lawsuits brought against board of directors and officers. He acts for unsecured creditors, secured creditors, debtors, receivers, trustees-in-bankruptcy and court-appointed officers, purchasers of distressed assets, equity investors and financiers in insolvency and restructuring proceedings. Mr. Nowina has extensive experience in employment and pension law issues arising from corporate liquidations or restructurings.

Representative Legal Matters

  • Secured a CAD10.3 million judgment for HSBC Bank Canada in fraud against an Ontario borrower and its principals. In a companion action, Mr. Nowina also secured a judgment in fraud for CAD10 million against an individual who had prepared and provided fake audited financial statements to HSBC Bank Canada. (See Turbo Logistics Canada Inc. v. HSBC Bank Canada, 2013 ONSC 7128).
  • Represented a court-appointed receiver in a successful court application for declarations of contempt after the receiver was barred from entering into premises where company assets were located. (See: HSBC Bank Canada v. Turbo Logistics Canada Inc. 2009 56 C.B.R. (5th) 300 (Ont. S.C.J.), affirmed by Ontario Court of Appeal 2011 ONCA 234).
  • Represented unsecured creditor in the successful court challenge of a trustee-in-bankruptcy's administration of a large bankruptcy estate. Reductions in fees exceeded 50% and is leading case on trustee misconduct and taxation of accounts (See: Sally Creek Environs Corp, Re [2008] C.B.R. (5th) 90 (Ont. S.C.J.) affirmed by Ontario Court of Appeal 2010 ONCA 312).
  • Obtained finding of fraud for secured creditor in a disputed bankruptcy discharge hearing (See: Re Centaurmi 2009 177 A.C.W.S. (3d) (Ont. S.C.J)).
  • Acted for pension plan custodian in dispute over priority of pension plan deficiency. (See: Ivaco Inc., Re [2007] 29 C.B.R. (5th) 145 (Ont. S.C.J)).
  • Acted for former director with respect to the interpretation of director's indemnity charge in CCAA proceeding. (See: Afton Food Group Ltd., Re [2006] 21 C.B.R. (5th)).
  • Defended breach of contract claim against RESP plan provider (See: Preston v. USC Education Savings Plans Inc. 2006 CarswellOnt 3941).
  • Acted for numerous parties in major Canadian CCAA proceedings, including salaried employees in the Stelco CCAA, non-unionized pension plan members in Air Canada CCAA, and Roynat Lease Finance in the Cantar Pool Products Ltd. CCAA proceeding.

Professional Associations and Memberships

  • Law Society of Upper Canada - Member
  • Ontario Bar Association - Pension & Benefits, Insolvency and Young Lawyers Division - Past Executive Member
  • Advocates' Society - Member

Admissions

  • Ontario~Canada (2004)

Education

  • University of Western Ontario (LL.B.) (2003)
  • Queen's University (B.A. Honours) (2000)

Languages

  • English