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Michael Nowina

Partner
Baker & McKenzie LLP

Biography

Michael Nowina is a partner who advises on a broad range of commercial disputes including fraudulent investment schemes, mortgage and credit fraud, tort, breach of contract, and negligence claims. Michael also advises clients on restructuring and insolvency matters, including bankruptcies, receiverships and the employment and pension law issues that arise on corporate liquidations or restructurings.

Michael is a part of the Firm's Dispute Resolution and Global Financial Restructuring & Recovery practice groups. He has appeared before all levels of courts in Ontario and frequently appears on matters on the Commercial List in Toronto. Michael regularly speaks, publishes and appears in the media on fraud and insolvency matters.

Practice Focus

Michael acts for financial institutions and on disputes involving the energy and resource sectors. His fraud-related and investigations experience includes securing recovery of proceeds for victims of a Canada-wide investment fraud, advising financial institutions and unsecured creditors in proceedings commenced to set aside undervalue transactions and representing a Canadian financial institution in proceedings to recover funds from a large fraud by a borrower under an asset-backed lending agreement.

Representative Legal Matters

  • Secured a favourable judgment for vendor in a contractual interpretation dispute arising from the sale of a Manitoba gold mine.
  • Secured for a financial institution a CAD10.3 million judgment in fraud against an Ontario based borrower and its principals as trial counsel and appellate counsel.
  • Represented a court-appointed receiver in successful court application for declarations of contempt in the Ontario Superior Court of Justice.
  • Represented an opposing creditor at trial and appellate levels in the leading Canadian case on misconduct by an insolvency professional.
  • Successfully blocked the bankruptcy discharge of a debtor that unlawfully sold equipment belonging to asset base lender.
  • Counsel to the pension plan custodian in dispute over priority of pension plan deficiency.
  • Counsel for a variety of parties in Companies’ Creditors Arrangement Act proceedings, including salaried employees in the Stelco proceedings, non-unionized pension plan members in Air Canada proceedings.

Professional Associations and Memberships

  • Law Society of Ontario - Member
  • Advocates Society - Member

Admissions

  • Ontario~Canada (2004)

Education

  • University of Western Ontario (LLB) (2003)
  • Queen's University (BA Honours) (2000)

Languages

  • English