MLT AIKINS LLP | MLTAIKINS.COM
Dana Nowak
Partner
Dana practises civil litigation with a focus on commercial bankruptcy and insolvency, personal property security law, construction law, suretyship, and real property disputes.
Education & Qualifications
- Alberta Bar (2011)
- LLB (University of Alberta, 2010)
- MA (University of Calgary, 2003)
- B.Sc. (University of Calgary, 1999)
More about me
- Counsel to the court-appointed CCAA Monitor of KMC Mining Corporation (“KMC”), an Alberta-based mining company, which had its NOI proceedings continued under the CCAA on January 10, 2025; KMC listed more than $220 million in liabilities, including more than $104 million to a syndicate of lenders and more than $52 million to its equipment lenders
- Co-counsel for 600 residents of nine senior care facilities located throughout central Alberta, which class of creditors is owed collectively approximately $200 million in unpaid life lease investments
- Counsel for Kikino Metis Settlements regarding the settlement’s right to pursue recovery of unpaid surface lease obligations pursuant to ameliorative rights set out in the Alberta Metis Settlements Act, notwithstanding AlphaBow Energy Ltd.’s CCAA Stay of Proceedings
- Counsel to the secured lender to Ryfan Inc. (“Ryfan”) in obtaining an Order of the Alberta Court of King’s Bench appointing a Receiver of Ryfan on September 24, 2025
- Counsel to the secured lender of Caliber Control Systems Ltd. and Flodell Enterprises Ltd. (collectively the “Caliber Companies”) in obtaining an Order of the Alberta Court of King’s Bench appointing a Receiver of the Caliber Companies on September 4, 2025
- Counsel to the secured lender of A.S.K. Courier Express Corp (“ASK Courier”) and the personal guarantors of ASK Courier (“Guarantors”) in obtaining Orders of the Alberta Court of King’s Bench adjudging the ASK Courier and Guarantors bankrupt on August 13, 2025
- QualexLandmark Towers Inc. V 12-10 Capital Corp: Counsel for a lender in respect of an appeal clarifying priority entitlements between mortgagees and environmental tort claimants (Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 11)
- 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 King’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 King’s Bench, the Court of Appeal of Alberta, Saskatchewan Court of King’s Bench, the Yukon Supreme Court and the Yukon Court of Appeal.
Dana was called to the bar of Alberta in 2011 and is recognized for insolvency and financial restructuring law by the Best Lawyers in Canada. She is fluent in French.
- Member, Alberta Bankruptcy Practice Committee (2018–present)
- Firm Representative and Volunteer, Alberta Court of Queen’s Bench Amicus Project, Pro Bono Law (2015–present)
- Firm Representative and Volunteer, Alberta Civil Claims Duty Counsel Project, Pro Bono Law (2011–present)
- Co-chair, Creditors’ Rights Subsection, Canadian Bar Association (2014–present)
- Chair, Insolvency Law Seminar, Legal Education Society of Alberta (2025)
- Executive Committee Member, Legislative Review, Canadian Bar Association (2013–2014)
- Director, Rotary Club of Edmonton Urban Spirits (2011–present)
- President-elect, Rotary Club of Edmonton Urban Spirits (2018)
- Editor, Alberta Law Review (2008–2010)
- Volunteer, Student Legal Services (2007–2010)
- Author and presenter, “Calming Troubled Waters” on the impact of the Alberta Court of Appeal decision in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115, Annual Review of Insolvency Law (January 2025)
- Presenter, “Exemption Entitlements,” Northern Alberta Creditor and Debtor Law: Seminar, Canadian Bar Association (November 2022)
- Presenter, “Exemption Entitlements,” Alberta Association of Insolvency and Restructuring Professionals: Seminar (October 2022)
- Guest Lecturer, “Intersection of Judgment Enforcement and Insolvency,” Judgment Enforcement, University of Alberta (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,” Northern Alberta Creditor and Debtor Law: Seminar, Canadian Bar Association (June 2020)
- Co-presenter, “Protecting Against the Risk of Default and Insolvency From the Get-Go,” Managing Risk in Construction Contracts and Projects Conference, The Canadian Institute (January 2019)
- Co-presenter, “Annual Cross-Canada Update,” National Insolvency Conference, Canadian Bar Association (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 (August 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,” Bankruptcy Law Class Seminar, University of Alberta (October 2015)
- Co-presenter “Risk Allocation in Construction Contracts,” Alberta Colleges Symposium 2015 (October 2015)
- Guest Lecturer, “Advocacy in the Insolvency Context,” Bankruptcy and Insolvency Class, University of Alberta (October 2015)
- Presenter, “Surety Bonds,” Alberta North Construction Law Subsection, Canadian Bar Association (January 2015)
- Guest Lecturer, “Director’s Liability,” Bankruptcy and Insolvency Class, University of Alberta (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)
- Recognized in the 2026 edition of the Canadian Legal Lexpert Directory (Insolvency & Financial Restructuring – Insolvency Litigation)
- Recognized in the 2026 edition (and since 2025) of the Best Lawyers in Canada (Insolvency and Financial Restructuring Law)
How I help
Services
Client Testimonials
“[Dana and Jeff] are knowledgeable and give great customer service.”
- Senior Vice President in the Professional Services Industry
