This certified privacy class action is brought against Dr. Martin Jugenburg and his professional corporation on behalf of all patients who attended at the Toronto Cosmetic Surgery Institute from January 1, 2017 to December 13, 2018.
Case Overview
Waddell Phillips has joined forces with Howie, Sacks & Henry, and Beyond Law to launch a class action against Dr. Martin Jugenburg (the self-styled “Dr. 6ix”). The claim alleges that during the period from January 1, 2017 to December 13, 2018, Dr. Jugenburg operated video surveillance cameras throughout his clinic including in the private consultation rooms, and in the operating theatre. The claim asserts that there were no warning signs about the surveillance cameras, and patients were not provided with the opportunity to opt out of being under surveillance while at the clinic, which was a breach of the patients’ privacy.
The action was certified as a class proceeding by order of the Superior Court of Justice on May 10, 2021.
The Facts
Dr. Jugenburg is a plastic surgeon practicing primarily in his Toronto-based clinic, the Toronto Cosmetic Surgery Institute. His practice is focused on cosmetic surgical procedures for women, including breast augmentations, tummy tucks and liposuction.
CBC Marketplace discovered in December 2018 that Dr. Jugenburg had installed cameras all around his clinic that recorded patients in waiting, consultation, examination and operating rooms without their consent. CBC’s reporting prompted investigations by the Ontario Privacy Commissioner and the College of Physicians and Surgeons of Ontario.
A CPSO discipline proceeding was brought against Dr. Jugenburg for professional misconduct. The College of Physicians and Surgeons has found that Dr. Jugenburg engaged in discreditable conduct, including for operating the surveillance cameras throughout his clinic. He was suspended for 6 months. The CPSO decision can be read here.
The Law
Every medical practitioner is obliged to maintain patient-doctor confidentiality and to protect the privacy of the patient’s personal health information.
Every patient of Dr. Jugenburg could reasonably expect their privacy and confidentiality rights would be respected. That means not having their appointments or procedures videotaped without their consent or knowledge. It also means that, unless a patient gave informed consent, images from those visits should be recorded for medical purposes only and must be kept private and confidential, and protected from the potential for public disclosure.
Contact us
We want to hear from you if you attended at the clinic during the time that the security cameras were operational from January 1, 2017 to December 13, 2018.
Case Overview
Waddell Phillips has joined forces with Howie, Sacks & Henry, and Beyond Law to launch a class action against Dr. Martin Jugenburg (the self-styled “Dr. 6ix”). The claim alleges that during the period from January 1, 2017 to December 13, 2018, Dr. Jugenburg operated video surveillance cameras throughout his clinic including in the private consultation rooms, and in the operating theatre. The claim asserts that there were no warning signs about the surveillance cameras, and patients were not provided with the opportunity to opt out of being under surveillance while at the clinic, which was a breach of the patients’ privacy.
The action was certified as a class proceeding by order of the Superior Court of Justice on May 10, 2021.
The Facts
Dr. Jugenburg is a plastic surgeon practicing primarily in his Toronto-based clinic, the Toronto Cosmetic Surgery Institute. His practice is focused on cosmetic surgical procedures for women, including breast augmentations, tummy tucks and liposuction.
CBC Marketplace discovered in December 2018 that Dr. Jugenburg had installed cameras all around his clinic that recorded patients in waiting, consultation, examination and operating rooms without their consent. CBC’s reporting prompted investigations by the Ontario Privacy Commissioner and the College of Physicians and Surgeons of Ontario.
A CPSO discipline proceeding was brought against Dr. Jugenburg for professional misconduct. The College of Physicians and Surgeons has found that Dr. Jugenburg engaged in discreditable conduct, including for operating the surveillance cameras throughout his clinic. He was suspended for 6 months. The CPSO decision can be read here.
The Law
Every medical practitioner is obliged to maintain patient-doctor confidentiality and to protect the privacy of the patient’s personal health information.
Every patient of Dr. Jugenburg could reasonably expect their privacy and confidentiality rights would be respected. That means not having their appointments or procedures videotaped without their consent or knowledge. It also means that, unless a patient gave informed consent, images from those visits should be recorded for medical purposes only and must be kept private and confidential, and protected from the potential for public disclosure.
Contact us
We want to hear from you if you attended at the clinic during the time that the security cameras were operational from January 1, 2017 to December 13, 2018.
We have just completed what is known as the “discovery” stage of the litigation, which involved exchanging relevant documents and conducting oral examinations of the parties.
Now that the discovery stage is over, the trial preparation stage begins. This involves obtaining expert reports, witness statements, and readying the evidence to present at the trial. Because of the complex nature of the issues for trial in this case, and the delays in the court system for obtaining a trial date, it is likely that we will not be assigned a trial date until some time in 2026.
In the interim, the plaintiffs continue to pursue a potential out-of-court settlement.
We are currently nearing the end of what is known as the “discovery” stage of the litigation. Over the past several months, we exchanged our relevant documents with the defendants, then reviewed the thousands of documents produced by the defendants, and we completed most of the oral examinations (what they call “depositions” in US/TV jargon).
Once the discovery stage is over, the trial preparation stage begins. This involves obtaining expert reports, witness statements, and so on. Because of the complex nature of the issues for trial in this case, this stage will likely take considerable time. We will, of course, also pursue out-of-court settlement while the trial preparation stage is ongoing, if we feel that a settlement can be reached on reasonable terms.
Please view Class Counsel’s webinar about this proposed class action: https://vimeo.com/383307868
The Statement of Claim was issued on November 28, 2019, and amended on June 23, 2022.
Additional updates will be posted as the action progresses.
We review every inquiry we receive and will respond promptly to case specific inquiries.
Contact us below and we’ll respond shortly.