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Mark Fecenko

Partner

Location
Toronto
Phone
416.367.6711
Contact
  • Regularly assists groups of hospitals across Ontario in the acquisition of hospital information systems and related governance agreements among them
  • Regularly advises the MASH sector, government agencies and others on public procurements to comply with Ontario and Canadian law and related trade agreements
  • Regularly negotiates major IT and business process outsourcing arrangements for the MASH sector and others
  • Regularly assists groups of hospitals across Ontario in the acquisition of hospital information systems and related governance agreements among them
  • Regularly advises the MASH sector, government agencies and others on public procurements to comply with Ontario and Canadian law and related trade agreements
  • Regularly negotiates major IT and business process outsourcing arrangements for the MASH sector and others

Testimonials

Chambers Canada, 2018

"Clients say Mark 'has a huge amount of expertise in IT and is very helpful in walking us through the entire process.'"

“Mark provides outstanding work and guidance; he has an innovative approach to resolving challenging legal contracts.”

"He offers strategic advice that goes well beyond the legal aspects of business problems; Mark is focused on identifying and exploring the options to reach an optimal business decision."

"Mark is extremely dedicated to his clients; we have come to greatly rely on his support and expertise and attribute much of our organisation's success to his careful and strategic guidance."

Lexology Client Choice Award

"Mark carefully analyses each and every situation and is pragmatic in his approach."

Presentations & Publications

  • Publication

    Co-author,"Broader Public Sector Procurement: A Procurement Professional’s Guide," LexisNexis, July 13, 2021

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  • Publication

    Author, "Intellectual Property in Secured Transactions," LLM Thesis, Osgoode Hall Law School, 1999

  • Publication

    Author, “The Procurement Challenge for Hospital Boards: Reconciling the BPS Procurement Directive, Innovation Procurement and eHealth 2.0,” Ontario Hospital Association, Governance Centre of Excellence Magazine, June 2016

  • Publication

    Co-Author, "Kyer and Fecenko on computer-related agreements: a practical guide," 2nd Edition, Butterworths, 1997

  • Presentation

    Speaker, "Selected Issues in the Context of IT Procurement," Procurement Seminar, Niagara Health System, 2015

  • Presentation

    Speaker, "An Executive Perspective," Procurement Seminar, Ontario Telemedicine Network, 2014

  • Presentation

    Speaker, "Capital Equipment Procurement: Big Risk, Big Dollar, and Big Results," St. Joseph's Health System, 2014

  • Presentation

    Speaker, "IT Procurement and Service Provision in the Ontario Health Sector — Risk and Liability," HIROC (Healthcare Insurance Reciprocal of Canada), 2014

  • Presentation

    Speaker, "Providing Practical Advice on the Fly," Procurement Seminar, Ontario Telemedicine Network, 2014

  • Presentation

    Speaker, "Selected Issues in the Context of IT Procurement," Procurement Seminar, Healthcare Materials Management Services, 2014

  • Publication

    Author, "Procuring A Health Information System: Avoiding the $300 Million Lawsuit," Health Informatics (COACH) Magazine, 2013

  • Presentation

    Speaker, "Cross your T's and Dot Your l's: Tips and Strategies to Survive in Today's World of Increased Public Scrutiny," St. Joseph's Health System, 2013

  • Presentation

    Speaker, "Procurement Seminar: Providing Practical Advice on the Fly," Grand River Hospital, 2013

  • Presentation

    Speaker, "Health IT Procurement Best Practices," Canada’s Health Informatics Executive Forum Conference, 2012

  • Publication

    Author, "Ontario Hospital Procurement 2.0: Ten Things Ontario Public Hospitals Need To Do," Health Informatics (COACH) Magazine, 2011

  • Publication

    Author, "Hospital Procurement — Findings of the Auditor General's Report and Bill 122," 2010

  • Publication

    Author, "Ontario Supply Chain Guideline," 2010

  • Publication

    Author, "Public Hospital Procurement — Broader Public Sector Accountability Act, 2010 (Bill 122)," 2010

  • Presentation

    Presenter, "Hospital Procurement & Guidelines," Webinar, Ontario Hospital Association, 2010

  • Presentation

    Speaker, "Navigating the Legal Perspective on Procurement," Ontario Hospital Association, 2010

  • Publication

    Author, "E-Health Public Procurement in Turbulent Times," Health Informatics (COACH) Magazine, 2009

  • Publication

    Author, "Success Factors for Selection, Implementation and Management," Smart Metering, 2009

  • Presentation

    Speaker, "Hospital Procurement of IT Products and Services," Government Procurement III: Headlining Issues, OBA, 2008

  • Presentation

    Speaker, "Managing Transition and Reducing Risks on the EHR Journey: Tools and Rules of Thumb," COACH Fall Forum, 2008

  • Presentation

    Speaker, "The AMI Procurement Process," Smart Meter Forum Presentation, Annual Smart Meters in Ontario (Insight), 2007

  • Presentation

    Speaker, "The AMI Procurement Process," Smart Metering Conference & Expo, Toronto, Ontario 2006

  • Publication

    Co-Author, "Cutting the Deal with the IT Vendor," e-Health Annual Conference 2005: Realizing the Vision, 2005

  • Publication

    Co-Author, " E-Commerce Law: Corporate-Commercial Practice Aspects," Butterworths, 2003

  • Publication

    Contributing Author, Canadian Export Controls and Information Technology in Electronic Commerce: A Practitioner’s Guide, (A. Gahtan et al, eds.) Thomson Carswell, 2003

  • Presentation

    Speaker, "Drafting a Wireless Vendor Contract," Wireless Healthcare Technology, Strategy Institute, 2003, 2004 and 2008

  • Publication

    Author, "Biotechnology Law: Corporate-Commercial Practice," Butterworths 2002

  • Publication

    Author, "Biotechnology Primer for Health Care Institutions: Assessing, Protecting and Licensing Biotechnological Innovations,"Canadian Health Law Practice Manual Butterworths, 2000

  • Presentation

    Conference Chair, "Effectively Doing Information Technology (IT) Deals: A Practical Workshop From Licensing to Outsourcing to the Spin-Off Technology," Ontario Hospital Association

  • Presentation

    Speaker, "Strategic Alliances in Biotechnology," Financing and Business Issues for New Technology Industries, Osgoode Hall Law School

Beyond Our Walls

Professional Involvement

  • Member, Canadian Bar Association
  • Member, Canadian Organization for the Advancement of Computers in Health (COACH)
  • Member, Digital Health Canada
  • Member, Canada’s Health Informatics Executive Forum
  • Member, International Association of Privacy Professionals

Awards & Recognition

  • Recognized in the 2025 edition (and since 2022) of The Best Lawyers in Canada® (Information Technology Law and Health Care Law)
  • Recognized in the 2025 (and since 2018) editions of Chambers Canada – Canada's Leading Lawyers for Business (Information Technology - Nationwide; Public Procurement - Nationwide)
    • Information Technology: Mark Fecenko is based in Toronto and is experienced in handling a multitude of software-related contract negotiations for public sector bodies, including health industry. He also offers expertise in procurement and cloud solutions projects. 
    • Recognized in the 2023 edition of the Legal 500 Canada as a Leading individual (Technology)
    • Information Technology/Public Procurement: "Mark is deeply knowledgeable and excellent at communicating to ensure expectations are clear and met.”
    • Public Procurement: He is sought out for his specialisation in the provision of IT service procurement, particularly in relation to the healthcare industry.
  • Recognized in the 2025 Lexology Index: Projects & Procurement (formerly Who's Who Legal)
  • Recognized in the 2024 and previous editions of Chambers Global – The World's Leading Lawyers for Business (Information Technology)
  • Recognized in the 2025 edition (and since 2022) edition of Lexpert Special Edition: Technology
  • Recognized in the 2024 edition (and since 2022) edition of Lexpert Special Edition: Health Sciences
  • Recognized in the 2021-2023 editions of The Canadian Legal Lexpert® Directory (Corporate Commercial Law), 2020-2024-2025 editions (Computer & IT Law and Technology Transactions)
  • Recognized in the 2024 edition (and since 2022) of Who's Who Legal: Canada (Government Contracts)
  • Recognized in the 2021 edition of Lexpert Special Edition: Health Sciences
  • Recognized in the 2022, 2021 and 2019 edition of Chambers Canada – Canada's Leading Lawyers for Business (procurement – Recognized Practitioner)
  • Recognized in the 2021 and 2020 edition of Lexpert Special Edition: Technology
  • Recognized by Lexology for the Client Choice Award in 2013 and 2016 (Information Technology)
  • Recipient of the 2014 Corporate International Magazine Global Award for "IT Lawyer of the Year Canada"
  • Recognized by the 2018 Client Choice Awards as the exclusive winner in the Healthcare & Life Sciences category in Ontario
  • Recognized by the 2019 and 2017 Client Choice Awards as the exclusive winner in the Projects & Procurement category in Ontario
  • Recognized by the 2013 and 2016 Client Choice Awards as the exclusive winner in the IT and Internet category in Ontario

Bar Admission & Education

  • Ontario, 1989
  • Joint LLB/MBA, Osgoode Hall Law School, 1987
  • LLM, Osgoode Hall Law School, 1999
  • B.Sc., McGill University, 1983
  • RESO Program, Canadian Armed Forces
  • Six Sigma and Lean Six Sigma Green Belt, Villanova University, 2013
  • Lean Six Sigma Black Belt, Villanova University, 2013