Profile
Kathryn Frelick is the Co-Chair of our National Health Industry Group and leads our health regulatory practice. She is responsible for our Legal Retainer Program for health industry clients, which provides legal advice in all areas of the law pertaining to health professionals and organizations. Kathryn’s regulatory practice includes particular expertise in areas such as health information and privacy, mental health, consent and capacity, health profession regulation, health insurance legislation and corporate regulatory compliance. Kathryn has significant interest in health policy and adopts a pragmatic, risk managed approach when working with health industry clients.
Kathryn’s health practice started in civil litigation and she carries on an active administrative law practice representing health facilities and professionals from both the private and public health sectors. Kathryn has assisted health clients in proceedings before the Ontario Court of Appeal, Superior Court of Justice, Court of Justice, Coroner’s Courts, Consent and Capacity Board, Health Professions Review and Appeal Board, Human Rights Board of Inquiry, as well as health profession regulatory bodies.
Kathryn worked in the hospital setting before starting her legal career, which provides an excellent framework for developing a quick and thorough understanding of her clients’ needs. Kathryn works with clients to develop practical solutions to their legal problems in a manner that will best achieve their objectives.
Kathryn regularly contributes articles and presents on issues relevant to health industry clients. She is editor and contributing author of a number of Miller Thomson LLP Publications, including Health Communiqué, Privacy Communiqué, Health Industry Update and Privacy Updates.
Education
- LL.B., University of Windsor, 1996
- H.B.Sc., Biology and Psychology, Queen's University, 1992
Memberships
- Member of the Canadian and Ontario Bar Associations
- Member of the Privacy and Health Sections of the Ontario Bar Association
- Former Member, Centre for Addiction and Mental Health Research Ethics Committee
- Member, Medico-Legal Society of Toronto
- Member, Metropolitan Toronto Lawyers Association
Presentations
- “Your Legal Setup: The Importance of Legal Consultation in Small Business Development”, OAND's Building a Successful Practice - Business Symposium (October 2011)
- “FIPPA Fridays - FIPPA: Thorny Issues”, Miller Thomson, Coffee Talk: A Health Seminar (August 2011)
- “FIPPA Fridays - Strategies on How to Document in the FIPPA Era”, Miller Thomson, Coffee Talk: A Health Seminar (August 2011)
- “FIPPA Fridays - Document Management in the FIPPA Era”, Miller Thomson, Coffee Talk: A Health Seminar (August 2011)
- “FIPPA, Privacy Breaches and Workplace Investigations”, Miller Thomson Labour and Employment Law Seminar (with Shane Smith) (April 2011)
- “Use and Disclosure of Personal Health Information, Release of Personal Health Information to Law Enforcement and Disclosure of Harm” (April 2011)
- “The Freedom of Information and Protection of Privacy Act – Being Prepared”, Ontario Hospital Association, Region 1 Annual Education Conference – North Bay and Thunder Bay (April 2011)
- “Getting Ready for FIPPA”, Miller Thomson, Coffee Talk: A Health Seminar (February 2011)
- “Information Sharing Initiatives”, Miller Thomson, Coffee Talk: A Health Seminar (November 2010)
- “Privacy Issues for Research and Ethics Boards” (September 2010)
- “Hot Topics in Long Term Care”, Miller Thomson, Coffee Talk: A Health Seminar (May 2010)
- “Building a Successful Practice: Your Legal Setup”, Ontario Association of Naturopathic Doctors (May 2010)
- “Consent, Capacity and Substitute Decision-Making”, Effective Legal Risk Management for Long-Term Care Homes, Osgoode Professional Development (April 2010)
- "Preparing for the Regulated Health Professions Act", Ontario Association of Naturopathic Doctors (October 2009)
- "Regulation of Pharmacy Technicians", Ontario Hospital Association (September 2009)
- "Public Hospitals Act", Leaders Forum (March 2009)
- “Patient Safety, Reporting and Disclosure”, Miller Thomson, Coffee Talk: A Health Seminar Series (October 2008)
- “Consent and Capacity - Admission to Long Term Care Facility: Tips and Traps”, Miller Thomson, Coffee Talk: A Health Seminar Series (January 2008)
Publications
Book Chapter
- “Legal Aspects of Health Information Management” in Fundamentals of Health Information Management, Canadian Health Care Association/Canadian Health Information Management Association, 2009
Articles
- “The Role of the Power Attorney”, LTC Magazine (Ontario Long Term Care Association), Spring 2012
- “AODA: Four Important New Compliancy Standards”, The Voice, Spring 2012
- “The Accessibility for Ontarians with Disabilities Act - Getting Ready for January 1, 2012”, Long Term Care Magazine, Winter 2011
- “Transition to the Regulated Health Professions Act: What NDs Really Need to Know”, The Pulse, Fall 2011
- “FIPPA Exemptions for Hospital Quality of Care Records”, Telehealth Law, Volume 11, Number 4, June/July 2011
- “Sexuality in Long Term Care”, LTC Magazine (Ontario Long Term Care Association), Spring 2011
- “Overview of the Broader Public Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act”, OBA The Voice of the Legal Professional, February 2011
- “Accountability, Transparency and Quality in Long Term Care”, LTC Magazine (Ontario Long Term Care Association), December 2010
- “Dealing with Conflict at the End of Life”, LTC Magazine (Ontario Long Term Care Association), October 2010
- “Consent and Long Term Care”, LTC Magazine (Ontario Long Term Care Association), June 2010
- “Workplace Violence and Harassment: Obligations for Long Term Care Homes”, LTC Magazine (Ontario Long Term Care Association), April 2010
- Influenza and Pandemic Planning in Long Term Care Homes, LTC Magazine (Ontario Long Term Care Association), December 2009
- Strategies to Manage the Difficult Resident, SDM, or Family Member, LTC Magazine (Ontario Long Term Care Association), October 2009
- “2009 Ontario Provincial Budget – Overview for the Health Industry”, LexisNexis Canada Inc. Health Law In Canada, October 2009
- “Significant Changes to Ontario’s Regulated Health Professions Act, 1991 In Effect”, LexisNexis Canada Inc. Health Law In Canada, October 2009
- “Managing Risk Around Influenza A (H1N) (Swine Flu) – What Employers Should Know”, LexisNexis Canada Inc, Health Law in Canada, August 2009
- The Use and Misuse of Advance Directives, LTC Magazine (Ontario Long Term Care Association), June 2009
- Resident Safety and Disclosure of Adverse Events, LTC Magazine (Ontario Long Term Care Association), March 2009
- “Ontario Court Looks at Public Consultation Requirements for Local Health Integrated Networks”, OBA Health Law Matters, October 2008
- Ontario Court Looks At Public Consultation Requirements For Local Health Integrated Networks, Risk Management in Canadian Health Care, October 2008
- Court of Appeal Reconsiders Approach in "Wrongful Life” Claim, Health Law in Canada, September 2008
- “Court of Appeal Reconsiders Approach in ‘Wrongful Life’ Claim”, LexisNexis Health Law in Canada, September 2008
- “Government Transparency, New Disclosure Rules Affect Procurement Contracts”, Canadian Consulting Engineer, March 2008
- “Strategies to Manage the Difficult Client/Family Member”, OBA Health Matters, January 2007
- “Government Cannot be Sued for Failing to Prevent the Spread of West Nile Virus”, OBA Sections in Review, January 2007
- “Overview of the Emergency Management and Civil Protection Act”, OBA Health Matters, September 2006
- ”Public Access to Information, Disclosure of Personal Health Information in Medical Negligence Litigation”, College of Nurses of Ontario, Up Front: A Health Regulatory Scan, December 2005
Miller Thomson Newsletters
- FIPPA exemption for hospital quality of care records, Health Communiqué (May 13, 2011)
- Special Health Legislative Update, Broader Public Sector Accountability Act, 2010 and Amendments to the Freedom of Information and Protection of Privacy Act, and Creating the Foundation for Jobs and Growth Act, Health Communiqué (December 15, 2010)
- Ontario makes changes to governance and critical incident reporting requirements for public hospitals , Health Communiqué (May 13, 2010)
- 2009 Ontario Provincial Budget - Overview for the Health Industry , Health Communiqué (March 30, 2009)
- Ontario Court Looks At Public Consultation Requirements For LHINS, Health Communiqué (September 30, 2008)
- Court of Appeal Reconsiders Approach in "Wrongful Life" Claim, Health Communiqué (June 9, 2008)
- Update on Disclosure of Harm: Are You Prepared?, Health Communiqué (May 21, 2008)
- Managing Workplace Violence and Disruptive Physician Behaviour: Coroner's Inquest Into the Death of Lori Dupont, Health Communiqué (February 26, 2008)
- PHIPA Q&A: Practical Advice for Frequently Asked Questions. "When is it permissible to share personal health information with legal counsel?", Heath Communiqué (February 12, 2008)
- PHIPA Q&A: Practical Advice for Frequently Asked Questions. "Can Health information custodians provide access to health records for Consent and Capacity Board hearings?", Health Communiqué (February 8, 2008)
- Implications of the Private Security and Investigative Services Act, 2005 (Bill 159) for Health Industry Clients, Health Communiqué (September 21, 2007)
- Disclosing Client Information to Elections Ontario, Health Communiqué (September 13, 2007)
- Mandatory Disclosure of Critical Incidents, Health Communiqué (August 30, 2007)
- Ontario's Health System Improvements Act, 2007, Health Communiqué (July 13, 2007)
- Long Term Care Homes Act, 2007, Health Communiqué (July 9, 2007)
- Ontario Legislative Update: Status of Bills 140 and 171 and House Business, health Communiqué (July 5, 2007)
- Ontario Legislative Update, Health Communiqué (April 26, 2007)
- Potential Implications of Proposed Ontario Long Term Care Homes Legislation for Directors and Officers, Health Communiqué (February 18, 2007)
- Government cannot be sued for failing to prevent spread of west Nile virus, Health Communiqué (January 19, 2007)
- Potential Implications of Proposed Ontario Long Term Care Homes Legislation for Directors and Officers, Charities and Not-For-Profit Newsletter (February 2007)
- Confidentiality and Government Procurement - Is your Business Information Adequately Protected?, Construction and Infrastructure Law Newsletter (Spring 2007)
- Emergency Coverage Obligations for Medical Staff, Health Communiqué (November 16, 2006)
- Long-Awaited Long-Term Care Homes Act Introduced, Health Communiqué (October 6, 2006)
- Finding of Incapacity to consent to treatment upheld, Health Communiqué (July 28, 2006)
- Disclosure of Psychological Test Data and Protocols, Health Communiqué (July 19, 2006)
- Overview of Transparent Drug System for Patients Act, 2006, Health Communiqué (July 7, 2006)
- Overview of the Emergency Management Statute Law Amendment Act, 2006, Health Communiqué (July 7, 2006)
- Strategies to Manage the Difficult Client / Family Member, Health Communiqué (July 14, 2006)
- Release of Personal Health Information to Statistics Canada, Health Communiqué (May 5, 2006)
- Proposed Amendments to Fundraising Provisions Under Ontario Health Privacy Regulation, Charities and Not-For-Profit Newsletter (May 2006)
- Dealing with Law Enforcement and Releasing Information Regarding Presence in a Facility, Health Communiqué (April 7, 2006)
- Ontario Legislative Update - A Year in Review, Health Communiqué (March 29, 2006)
- Proposed Regulation under PHIPA, Health Communiqué (March 27, 2006)
- Local Health Integration Networks - Bill C-36 - The Ontario Government Proposes Sweeping Powers Over Charitable Property Donated in Health Care Sector, Charities and Not-For-Profit Newsletter (February 2006)
- Local Health System Integration Act, 2005 - Update and Issues, Health Communiqué (January 10, 2006)
Industry Expertise
Key Practice Expertise
Areas of Focus
- Health Policy
- Health Information and Privacy
- Mental Health
- Health Profession Regulation
- Health Insurance Legislation
- Advocacy
- Private Health Care
Year of Call
- Ontario Bar, 1998
