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 Restructuring & Insolvency 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.
Representative Legal Matters
Retained to conduct an investigation of the operations of a Canadian public company operating as a cryptocurrency miner.
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 CAD 10.3 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.
Professional Associations and Memberships
- Ontario Bar Association - Member
- Advocates Society - Member
- Ontario~Canada (2004)
- University of Western Ontario (LLB) (2003)
- Queen's University (BA, Honours) (2000)
Publications & Presentations
- Author, "Restructuring Review (Canada Chapter)", The Law Reviews, 2019, 2020 and 2021 editions
- Co-author and speaker, "Insolvency and Environmental Contamination," Annual Review of Insolvency Conference, 26 February 2021
- Co-author, "Key Employee Retention Plans in Canadian Restructuring Proceedings," Banking and Finance Review, July 2019
- Author, "Debt or Equity: The characterization of a non-arms-length loan in a Canadian insolvency proceeding," Global Restructuring & Insolvency Blog, 24 January 2018
- Author, "Uncertainty in Canada's Oil Patch over Environmental Remediation Claims," Global Restructuring & Insolvency Blog, 11 October 2017
- Co-author, "Courts give the green light for fraud-based class actions in Canadian insolvency proceedings," National Insolvency Review, June 2017