Overview
Kathryn Frelick has specialized expertise in health and privacy and is a leading lawyer in these areas. She advises public and private health industry clients on a broad range of matters, with a particular focus on regulatory, strategic, and risk management advice, as well as advocacy before health and privacy administrative tribunals and regulatory bodies.
Kathryn’s regulatory practice includes expertise in areas such as health information and privacy, quality and patient safety, mental health, consent and capacity, health profession regulation, health insurance legislation, research and innovation, private health care, and corporate regulatory compliance.
In addition to her health practice, Kathryn advises clients on all aspects of federal and provincial privacy and freedom-of-information laws, including the management of privacy and security breaches, complaints, and proceedings. Kathryn regularly assists businesses, from startups to multinationals, to navigate Canada’s complex health regulatory and privacy regimes.
Kathryn is responsible for “Miller Thomson On Call,” an innovative program that provides 24/7 access to legal advice for health industry clients who require cost-effective, “real-time” assistance. Kathryn has assisted health industry clients in proceedings before the Ontario Court of Appeal, Superior Court of Justice, Coroner’s Courts, Consent and Capacity Board, Health Professions Review and Appeal Board, and Health Services Appeal and Review Board, as well as privacy and health profession regulatory bodies.
Kathryn worked in a hospital setting before her legal career, which provides an excellent framework for developing a quick and thorough understanding of her clients’ needs. Kathryn works with her clients to develop practical solutions to their legal problems in a manner that will best achieve their objectives.
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Thought leadership
Book Chapters
- Legal Aspects of Health Information Management in Fundamentals of Health Information Management, Canadian Health Care Association/Canadian Health Information Management Association (2nd edition 2013)
- Canada’s Anti-Spam Legislation (CASL) Update, Chapter 28, Business Laws of Canada, (A Thomson Reuters Publication) 2015 – 2018
- Privacy Update, Business Laws of Canada, Chapter 22, (A Thomson Reuters Publication) 2012 – 2018
Recent Presentations
- The People’s Health Care Act, 2019: What You Need To Know, Miller Thomson LLP, Special Edition Coffee Talk: A Health Industry Seminar Series, April 2, 2019
- Managing Complaints in the #MeToo Era, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, February 27, 2019
- Directors Series Seminar – Protecting Privacy: Obligations of Directors, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, November 28, 2018
- Institutional Obligations to Mental Health Patients, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, October 17, 2018
- Be Cyber Smart: Be Prepared to Effectively Respond to Data and Privacy Breaches, Canadian Health Information Management Association Conference, September 16, 2018
- Risk Management in Litigation – How to Proactively Manage and Effectively Respond to Civil Litigation Risk, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, April 18, 2018
- Board of Directors Series – What Directors Need to Know: The New H-SAA, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, February 28, 2018
- Strategies for Managing Difficult Clients / Family Members, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, January 17, 2018
- Transition in Care: Collaboration Across the Care Continuum, OACRS Annual Conference, November 27, 2017
- Privacy and Enterprise Risk Management, AFHTO/GCE, November 22, 2017
- Privacy and Cyber Risk and Information Governance for FHTs, AFHTO Annual Conference, October 25, 2017
- Privacy and Cyber Risk in the Health Industry – Survival Guide 101, Miller Thomson National Health Series (Webinar), October 18, 2017
- Directors Series What Directors Need to Know: Quality, Privacy, Accountability, Miller Thomson Directors Series (Webinar), September 28, 2017
- Cyber Risk in the Health Sector, (CLEAR) Annual Educational Conference, (Denver, US), September 13, 2017
- Transitions in Care: Collaborating Across the Care Continuum, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, April 19, 2017
- Beyond PHIPA: What Other Legislation Do You Need to Consider? [Health Law], Privacy Law Summit 2017, Ontario Bar Association, April 7, 2017
- How to Cope: Managing Mental Health Issues in the Workplace, Miller Thomson Labour and Employment Law Conference, April 6, 2017
- Navigating the Legal Pall of Medically Assisted Death – What you need to know about Medical Assistance in Dying in Canada, Miller Thomson CPD (In person and Webinar), March 7, 2017
- Bill 41, the Patients First Act – What You Need to Know, Miller Thomson LLP, Coffee Talk: A Health Industry Seminar Series, January 18, 2017
Select Publications
- Domestic Violence in the Workplace, CDA Essentials Issue 1: 22 – 26, The Canadian Dental Association Magazine, 2019
- Court of Appeal Confirms that Physicians are Statute-Barred from Claiming for Damages Arising from Hospital Decision to Cease Providing a Service, Health Communiqué, November 15, 2018
- Mandatory Breach Draft Guidance Released, MT Cybersecurity Blog, September 21, 2018
- Do you have a Duty to Report A Medically Unfit Driver? New Reporting Requirements in Effect, Health Communiqué, August 24, 2018
- Court Affirms Physician Requirements to Provide Effective Referrals for MAID, Health Communiqué, May 9, 2018
- It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018, Intellectual Property (IP) and Information Technology (IT) Law Practice Group Alert, April 6, 2018
- Public Hospital Advisory: New Accountability Agreement for Hospitals (H-SAA), Health Communiqué, February 20, 2018
- Strengthening Quality and Accountability for Patients Act, 2017 Becomes Law in Ontario, Health Communiqué, January 16, 2018
- Privacy Commissioner Gearing Up for Tougher Enforcement, Intellectual Property (IP) and Information Technology (IT) Law Practice Group Alert, October 5, 2017
- Mandatory Notification Requirements under PHIPA in force October 1, 2017, Health Communiqué, September 26, 2017
- Mandatory Notice Requirements under PHIPA and Public Consultation on Proposed Regulation Regarding Notices to the Commissioner, Health Communiqué, April 13, 2017
- Confronting the opioid crisis, The Lawyer’s Daily, November 24, 2016
- Public Consultation on Proposed Regulations to Quality of Care Information Protection Act, 2016, Health Communiqué, November 1, 2016
- What Health Facilities Need to Know About QCIPA 2016, Risk Management in Canadian Health Care, Volume 18, No. 4, August, 2016
- Dear Health Care Facility: Are You Prepared for a Request for Medical Assistance in Dying?, Risk Management in Canadian Health Care, Volume 18, No. 4, August, 2016
- What Health Facilities Need to Know About QCIPA 2016, Health Communiqué, May 11, 2016
- What Health Industry Clients Need to Know in Relation to Bill C-14 on Medical Assistance in Dying, Health Communiqué, April 14, 2016
Professional memberships
- Member, Canadian and Ontario Bar Associations
- Member, 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
Bar admissions & education
- Ontario Bar, 1998
- LL.B., University of Windsor, 1996
- H.B.Sc., (biology and psychology), Queen’s University, 1992