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Daniel Fabiano Toronto Lawyer

Daniel Fabiano

Partner Fasken
Pragmatic legal solutions can also be growth opportunities – helping organizations better engage their customers, suppliers and stakeholders.
Jurisdiction Ontario, 2004 | Northwest Territories, 2026
Language(s) English
Office(s) Toronto
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Overview

Daniel Fabiano is a corporate/commercial lawyer with over two decades of experience advising businesses, non-profit organizations, and government agencies. Daniel brings particular insight to clients working in the public and healthcare sectors, helping them navigate the complex legal and policy frameworks unique to those sectors.

Regarded for his pragmatic and innovative approach, Daniel distills complex legal issues into clear, actionable advice that aligns with his clients' goals and risk profiles.

In addition to his general corporate/commercial practice, Daniel is a recognized leader in both privacy and data protection matters, and in public procurement. Daniel has advised on significant national and international privacy initiatives, and supported procurement processes to award contracts worth billions of dollars.

Privacy Law & Data Protection

Daniel provides strategic counsel on privacy, freedom of information (FOI) matters, and anti-spam legislation (CASL). Whether for loyalty programs, marketing campaigns, ‘smart buildings’, workplace management, and other data-driven projects, Daniel helps clients craft practical solutions to complex privacy and data protection challenges.

His work includes:

  • Guiding clients on data innovation, strategic decision-making and risk management related to the collection, use, commercialization and sharing of data, including personal information
  • Conducting legal compliance reviews, including privacy impact assessments, and drafting privacy policies, notices, and consent frameworks
  • Structuring collaborative arrangements and service agreements, including data sharing and data processing contracts
  • Advising on prevention and response strategies for privacy breaches and cybersecurity incidents
  • Representing clients in privacy complaints and investigations by privacy commissioners
  • Representing clients in responding to CASL investigations by the Canadian Radio-Television and Telecommunications Commission (CRTC)
  • Managing FOI requests across all levels of government

Daniel is a lead author of the Hospital Freedom of Information Toolkit: A Guide to Implementing the Freedom of Information and Protection of Privacy Act, published by the Ontario Hospital Association.

Public Procurement and Government Contracts

Daniel supports public sector purchasers in executing fair, open, and transparent procurement processes. With particular focus on provincial and municipal procurement, his procurement advisory work includes:

  • Structuring and documenting bidding processes
  • Identifying and mitigating procurement risks such as conflicts of interest, unfair advantage, and evaluation methodology concerns
  • Advising on bid disputes and resolution strategies
  • Developing and refining procurement policies and templates
  • Implementing innovative procurement methodologies and strategies
  • Drafting and negotiating complex commercial agreements

He is a contributing author to the Innovation Procurement Toolkit Expansion published by the Healthcare Supply Chain Network, which provides practical resources and templates for health sector procurement.

Industry Leadership & Community Engagement

Daniel has held senior public sector legal roles, including a secondment as Interim General Counsel at eHealth Ontario, where he supported the development of Ontario’s electronic health record system.

He currently serves on the Board of Directors of the Capitol Arts Centre, and has previously served on the boards of the Healthcare Supply Chain Network, the Canadian Medical Equipment Protection Plan, and as Vice-Chair of Tarragon Theatre.

Achievements

  • Recognized in Advertising and Marketing Law in Toronto, The Best Lawyers in Canada 2025 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Data Protection & Privacy, Canadian Legal Lexpert Directory 2023 to 2026
  • Recognized in Health Care Law in Toronto, The Best Lawyers in Canada 2020 to 2026
  • Recognized in Privacy and Data Security Law in Toronto, The Best Lawyers in Canada 2026
  • Recognized nationwide in Privacy & Data Protection, Chambers Canada 2026
  • Recognized as a Thomson Reuters Stand-out Lawyer (formerly known as Acritas Star™ lawyer), Thomson Reuters stand-out lawyers 2016 to 2022

Experience

  • Varian and Nova Scotia Health form C$175 million multi-disciplinary oncology partnership, [Deal - Varian Medical Systems, Inc.], Global health technology company completes commercial deal to sell hardware, software, digital solutions, and services(including SaaS).
  • Metrolinx completes extensive procurement program to modernize the PRESTO payment system, [Deal - Metrolinx], Canadian transportation agency completes procurement program for payment system.
  • Green Shield Holdings acquires healthtech startup Inkblot Technologies, [Deal - Green Shield Holdings Inc.], Canada’s fourth-largest health and dental benefits provider acquires healthtech startup.
  • Air Canada, Aeroplan, Chase and Mastercard announce partnership to launch a credit card in the United States, [Deal - Aeroplan Inc.], Air Canada, Aeroplan, Chase and Mastercard partner to launch credit card in the U.S.
  • Air Canada completes acquisition of Aimia’s Aeroplan loyalty business, [Deal - Air Canada], Fasken represented Air Canada in the successful closing of its purchase of Aimia Inc.’s Aeroplan loyalty program in a transaction valued at approximately $2.4 Billion and the completion of a number of commercial agreements related to the new loyalty program of Air Canada with The Toronto-Dominion...
  • Windsor-Detroit Bridge Authority achieves financial close Gordie Howe International Bridge Project, [Deal - Windsor-Detroit Bridge Authority], On September 28, 2018, Windsor-Detroit Bridge Authority, a Crown corporation of the Government of Canada, reached financial close with Bridging North America General Partnership (a partnership indirectly held by ACS Infrastructure Canada Inc., Fluor Canada Ltd. and Aecon Concessions, a division o...
  • North York General Hospital constructs new long-term care facility, [Deal - North York General Hospital], North York General Hospital expands with long-term care project, boosting senior housing in Toronto.

Career & Education

Education

  • LLB University of Windsor
  • BA (Honours) Queen's University

Community involvement

  • Member, Fasken Pride Network
  • Past Vice-President and Past Board Member, Tarragon Theatre
  • Past Board Member, Healthcare Supply Chain Network
  • Past Board Member, Canadian Medical Equipment Protection Plan

 

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Fasken Art Committee

Knowledge

  • Navigating 2026: Key Trends Shaping the Technology Sector, 3/24/2026
  • Buy Local, By Law - Ontario Introduces “Buy Ontario Act”, 11/25/2025
  • First Monetary Penalties Issued under Ontario’s Health Privacy Law: Practical Lessons for the Health Sector, 10/20/2025
  • Not Canadian Enough, Eh? How the New Interim Policy on Reciprocal Procurement Could Negatively Impact Canadian Federal Suppliers, 7/14/2025
  • Takin’ Care of U.S. Businesses: Ontario Implements Premier’s Procurement Ban, 4/10/2025
  • Navigating 2025: Key Trends Shaping the Technology Sector, 3/10/2025
  • New Year, New American Trade Policy, and our 2025 Trade Agreement Threshold Update, 2/3/2025
  • Ontario’s Cyber Security Legislation for Health Institutions Receives Royal Assent, 12/10/2024
  • Ontario’s Public Sector Cyber Security Legislation Receives Royal Assent, 12/2/2024
  • Privacy Commissioner Decisions Impose Sweeping Notification Requirements for Ransomware and Email Account Compromise Incidents, 9/4/2024

Events

  • Privacy and Cybersecurity in 2025: Key Developments and Insights, 10/22/2025
  • 2025 Toronto Technology Law Symposium, 6/2/2025
  • Is this too personal? A look at the benefits and pitfalls of EDI Data Collection, 10/10/2024
  • Privacy and Cybersecurity in 2023: Key Trends and Developments in Canada and Abroad, 6/6/2023
  • 2023 Toronto IT Symposium, 4/4/2023
  • Privacy and Cybersecurity in 2022: Key Trends and Developments in Canada and Abroad, 4/28/2022
  • Third Annual Seniors' Housing Symposium, 10/14/2021
  • Carters/Fasken Healthcare Philanthropy: Check-Up 2021, 9/22/2021
  • 2020: Hindsight + Insight = Foresight, 11/25/2020
  • Second Annual Seniors' Housing Symposium, 10/14/2020

News

  • Lexpert quotes Daniel Fabiano and Kateri-Anne Grenier in an article on federal government proposed privacy legislation, 2/25/2021
  • Canadian Lawyer Magazine quotes Daniel Fabiano and Kateri-Anne Grenier in an article about how data breaches increase with COVID, 12/18/2020
  • Fasken’s Bench Strength Shines at Inaugural Canadian Law Awards with M&A Deal of the Year Win, 10/9/2020
  • Gordie Howe International Bridge Project Awarded Lexpert®’s Canadian Deal of the Year 2018, 2/15/2019
  • Canadianunderwriter.ca quotes Daniel Fabiano in an article about consumer demand for electronic pink slips, 11/27/2017
  • Financial Post quotes Daniel Fabiano in an article about the procurement primer, 8/8/2017
  • Fasken Martineau and DMAC Release 2017 CASL Survey Report, 5/24/2017
  • Exchange Magazine quotes Andrew Nunes and Daniel Fabiano in an article on the results of the Firm and DMAC’s first CASL Survey Report, 5/23/2017
  • AutoJournal mentions four Fasken lawyers in an article regarding legal matters addressed at Fasken’s Automotive Summit in Toronto, 5/11/2017
  • Fasken Martineau produces advisory report, eSlips: E-Delivery of Motor Vehicle Insurance Liability Cards, commissioned by the Centre for Study of Insurance Operations, 5/17/2016

Publications

  • Healthcare Supply Chain Network Launches Innovation Procurement Toolkit, 1/7/2019
  • Privacy Commissioner Issues Key Guidelines for Consent and Inappropriate Data Practices, 8/1/2018
  • Commissioner Issues Important Privacy Breach Reporting Guideline for Health Sector, 11/1/2016
  • E-Delivery of Motor Vehicle Insurance Cards, 11/1/2015
  • La nouvelle loi anti-pourriel: Un obstacle à la communication entre les dentistes et les patients?, 8/31/2014
  • Electronic Signature & Electronic Delivery of Insurance Documentation, 11/28/2013
  • FIPPA and Ontario Hospitals: Issues for Shared Service Entities, 2/17/2012
  • International Privacy Laws: A Comparative Guide, 3/3/2008
  • Review of Provincial, Territorial and Federal Legislation and Policy Related to the Reporting and Review of Adverse Events in Healthcare in Canada, 11/15/2007
  • Ontario Moves To Publish Patient Safety Statistics, But Is That Enough?, 11/5/2007
Co-Author Healthcare Supply Chain Network Launches Innovation Procurement Toolkit This new toolkit supports flexible, outcome-based approaches in the procurement of innovative solutions.
Article, Co-Author Commissioner Issues Important Privacy Breach Reporting Guideline for Health Sector Electronic Healthcare Law Review

Speaking Engagements

  • Supply Chain Canada Webinar: Understanding Ontario's New Procurement Ban, 5/5/2025
  • 2024 Ontario Colleges Procurement Management Association Fall Conference, 11/11/2024
  • Navigating the MedTech Privacy Landscape, 6/5/2024
  • New Rules/Old Rules Re-Visited: A Lawyer’s Perspective on Emerging Topics in Broader Public Sector Procurement, 5/14/2024
  • Osgoode Certificate in Privacy and Cybersecurity Law, 2/8/2024
  • Modernizing Canada’s Privacy Laws: A Status Update for the Private Sector, 2/18/2021
  • Temperature Testing and Information Privacy Challenges During COVID-19, 6/25/2020
  • Myth-Busting Trade Treaty Rules: Innovation, Collaboration and Fairness, 11/5/2019
  • Procurement Lawyer Q&A Panel, 11/5/2019
  • Impacts of Privacy Law on Businesses, 10/2/2019
Speaker Supply Chain Canada Webinar: Understanding Ontario's New Procurement Ban Supply Chain Canada Webinar
Speaker 2024 Ontario Colleges Procurement Management Association Fall Conference Ontario Colleges Procurement Management Association (OCPMA)
Presenter Navigating the MedTech Privacy Landscape Pharmaceutical Compliance Congress Canada 2024