Dana Nowak practises civil litigation with a focus on commercial bankruptcy and insolvency, personal property security law, construction law, suretyship, and real property disputes.
- Re Chan: Co-counsel to the Alberta Association of Insolvency and Restructuring Professionals as intervener in the bankruptcy of Mr. Chan regarding exemption entitlements (Chan (Re), 2022 ABQB 424).
- EncoreFX Inc: Co-counsel for trustee/monitor in respect of EncoreFX’s bankruptcy and subsequent CCAA proceedings (EncoreFX Inc (Re), 2021 BCSC 750).
- DLM Oilfield Enterprises Ltd: Counsel to the receiver in respect of DLM’s receivership proceedings, including advising the Alberta Court of Queen’s Bench regarding priority and lien right disputes (ATB Financial v DLM Oilfield Enterprises Ltd, 2020 ABQB 562; ATB Financial v DLM Oilfield Enterprises Ltd, 2021 ABQB 377).
- Podollan Group of Companies: Counsel to the receiver of a large insolvent hotel construction project in Grande Prairie, Alberta, including successfully defending the receiver’s sale process on appeal (PricewaterhouseCoopers Inc v 1905393 Alberta Ltd, 2019 ABCA 269 and 2019 ABCA 433).
- Schendel Management Ltd.: Counsel to the proposal trustee regarding Schendel’s unsuccessful BIA proposal restructuring (Schendel Management Ltd, 2019 ABQB 545; Graham Construction and Engineering Inc v Alberta, 2019 ABQB 769).
- Mary Molloy: Co-counsel for Ms. Molloy regarding wrongful dismissal claim (Molloy v EPCOR Utilities Inc, 2015 ABQB 356).
- Mid-West Contracting Ltd: Co-counsel for lienholder regarding owner holdback obligations (1693737 Alberta Inc v Mid-West Contracting Ltd, 2014 ABQB 637).
- Western Surety Company: Co-counsel for surety regarding dispute over bonding entitlements (Horizon Earthworks Ltd (Re), 2011 ABQB 799; Greenview (Municipal District No 16) v Bank of Nova Scotia, 2013 ABCA 302).
- The TD Bank: Co-counsel for the bank regarding a bankruptcy priority dispute (Toronto-Dominion Bank v Kerwin Capital Corp, 2013 SKQB 376).
Dana has extensive experience acting as counsel in numerous restructuring proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. She also acts on behalf of court-appointed officers in insolvency proceedings, including receivers, monitors and trustees.
In the area of construction law, her experience includes advising on builders’ lien legislation, construction projects, and she has acted for owners, general contractors and sub-contractors.
Dana has represented clients before the Alberta Provincial Court, the Alberta Court of Queen’s Bench, the Court of Appeal of Alberta, Saskatchewan Court of Queen’s Bench, the Yukon Supreme Court and the Yukon Court of Appeal.
Dana is fluent in French.
- Member, Alberta Bankruptcy Practice Committee (since 2018)
- Pro Bono Law Alberta Court of Queen’s Bench Amicus Project – Firm Representative and Volunteer (since 2015)
- Pro Bono Law Alberta Civil Claims Duty Counsel Project – Firm Representative and Volunteer (since 2011)
- Canadian Bar Association, Creditors’ Rights Subsection – Co-Chair (since 2014); Executive Committee Member, Legislative Review (2013-2014)
- Rotary Club of Edmonton Urban Spirits – Director (since 2011), President-Elect (2018)
- Alberta Law Review – Editor (2008-2010)
- Student Legal Services – Volunteer (2007-2010)
- Presenter, “Exemption Entitlements,” Canadian Bar Association, Northern Alberta Creditor and Debtor Law: Seminar (November, 2022).
- Presenter, “Exemption Entitlements,” Alberta Association of Insolvency and Restructuring Professionals: Seminar (October, 2022).
- Guest Lecturer, “Intersection of Judgment Enforcement and Insolvency,” University of Alberta, Faculty of Law, Judgment Enforcement (October, 2022).
- Co-presenter, “Construction Liens: Trustees, Put on Your Hardhats,” Annual Review of Insolvency Law Conference: Podcast (February, 2022).
- Co-presenter, “Liens and Insolvency,” Canadian Bar Association, Northern Alberta Creditor and Debtor Law: Seminar (June, 2020).
- Co-presenter, “Protecting Against the Risk of Default and Insolvency From the Get-Go,” The Canadian Institute, Managing Risk in Construction Contracts and Projects Conference (January, 2019).
- Co-presenter, “Annual Cross-Canada Update,” Canadian Bar Association National Insolvency Conference (September, 2017).
- Co-presenter, “Managing Difficult Players,” Annual CAIRP Forum (May, 2017).
- Presenter, “High Income Tax Debtors in Bankruptcy,”, Edmonton CPA Club (September, 2016).
- co-présentatrice, “La négociation des créances fiscales: un art,” Conférence Annuelle de L’ACPIR, (août, 2016).
- Presenter, “Builders’ Liens and Surety Bonding as Options to Secure Payment from Insolvent General Contractors”, Edmonton Construction Association (May, 2015).
- Co-presenter, “Bankruptcy Discharge Applications,” University of Alberta, Faculty of Law, Bankruptcy Law Class Seminar (October, 2015).
- Co-presenter “Risk Allocation in Construction Contracts,” Alberta Colleges Symposium 2015 (October, 2015).
- Guest lecturer, “Advocacy in the Insolvency Context,” University of Alberta, Faculty of Law, bankruptcy and insolvency class (October, 2015).
- Presenter, “Surety Bonds,” Canadian Bar Association, Alberta North Construction Law Subsection (January, 2015).
- Guest lecturer, “Director’s Liability,” University of Alberta, Faculty of Law, bankruptcy and insolvency class (March, 2015).
- Presenter, “The Laws of Competitive Bidding,” Edmonton Construction Association (October, 2014).
- Presenter, “Builders’ Liens and Surety Bonding as Options to Secure Payment from Insolvent General Contractors,” Saving Companies from Distress (Edmonton Construction Association, 2014).
- Presenter, “Mid-Market Technical Update,” Insolvency and Restructuring Forum (Canadian Association of Insolvency and Restructuring Professionals, 2013).
- Co-author and presenter, “A Review of Landlord Issues, Rights, Remedies, and Best Practices in Managing Issues Related to Tenant Insolvency,” BOMA Legal Series (2011; 2012; 2013).
- Presenter, “Landlord Rights on Tenant Default,” BOMA Legal Series (2012; 2013).
- Co-author, “Recruiting Foreign Students: Risks and Implications,” CASS Connection 2009.
- Calgary Zoological Society Scholarship (2001)