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.
This matter has now been set down for a 5 week trial starting on November 17, 2025.
The parties have completed their exchange of relevant documents and the examinations for discovery (depositions). Our experts are now finalizing their expert reports, which will confirm that by operating security cameras throughout the Clinic, Dr. Jugenburg breached the privacy of the patients, and that this was a breach of the duty of care and fiduciary duty that Dr. Jugenburg owed to his patients.
Our attempts at resolving this matter out of court, including through a second mediation, have failed. So, it seems likely that the matter will only be resolved through the trial in November 2025. If any class member is prepared to share their experience relating to Dr. Jugenburg’s surveillance of his patients, we would be happy to hear from you. You can reach us through the “Contact Us” link, below.
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.
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