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. Notice of the certification will be sent to affected class member once the form of the order is approved by the Court.
The claim originally also included allegations that Dr. Jugenburg posted images of some patients onto the internet without their consent. These allegations have not been allowed to proceed as a class action, and will have to be pursued individually. If your images were posted to the internet without your consent by Dr. Jugenburg, then we would like to hear from you. Please reach out through the confidential “Contact Us” portal, or you can email or call Tina Q. Yang directly.
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.
Posting under the name Dr. 6ix, or “realdrsix” Dr. Jugenburg often shares photos of his patients as well as videos of his operations to his followers on social media (including over 100,000 followers on Instagram alone).
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 has been 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. This includes protecting private images from being disseminated to the public absent express and informed consent from the patient.
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, or someone you know, had their images posted to the internet by Dr. Jugenburg at anytime up until December 13, 2018, whether or not you signed a consent form, or if you attended at the clinic during the time that the security cameras were operational.
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. Notice of the certification will be sent to affected class member once the form of the order is approved by the Court.
The claim originally also included allegations that Dr. Jugenburg posted images of some patients onto the internet without their consent. These allegations have not been allowed to proceed as a class action, and will have to be pursued individually. If your images were posted to the internet without your consent by Dr. Jugenburg, then we would like to hear from you. Please reach out through the confidential “Contact Us” portal, or you can email or call Tina Q. Yang directly.
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.
Posting under the name Dr. 6ix, or “realdrsix” Dr. Jugenburg often shares photos of his patients as well as videos of his operations to his followers on social media (including over 100,000 followers on Instagram alone).
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 has been 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. This includes protecting private images from being disseminated to the public absent express and informed consent from the patient.
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, or someone you know, had their images posted to the internet by Dr. Jugenburg at anytime up until December 13, 2018, whether or not you signed a consent form, or if you attended at the clinic during the time that the security cameras were operational.
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.
This action was certified as a class proceeding on May 10, 2021 on behalf of the following Class:
All patients who attended the Toronto Cosmetic Surgery Institute from January 1, 2017, to December 13, 2018.
This is the time during which the surveillance cameras were operational throughout the Clinic. Any patient who attended the Clinic during this time period, and who did not opt out by the opt out deadline (which has now passed) is automatically be included in the Class.
The next stage in the litigation is exchanging documents. The Plaintiffs have produced their documents to the Defendants. For Dr. Jugenburg, the production of documents is more complicated, as the Defendants have to produce a broad scope of documents relating to the issues in the claim, and there will likely be several thousand documents to be produced. The parties have now agreed on a formal Discovery Plan, and the Defendants have started to produce their documents.
Once all the documents have been exchanged, and reviewed by us, the next step will be to examine Dr. Jugenburg for discovery (in US/TV jargon this is a deposition). We expect that the examinations for discovery of the parties will proceed sometime in early 2023.
The claims alleging that Dr. Jugenburg posted images to the internet without some patients’ consent was not allowed to proceed as a class action. Anyone who has a claim against Dr. Jugenburg in respect of internet postings should contact our office through the confidential “Contact Us” portal, or you can email or call Tina Q. Yang directly to discuss the potential of pursuing your own claim.
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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