Dr. Jugenburg (Dr. 6ix) Privacy Breach
The Claim: It is alleged 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 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 surveillance cameras all around his clinic that recorded patients in waiting rooms, consultation rooms, as well as 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.
The Privacy Commissioner found that operating the surveillance cameras breached the privacy of Dr. Jugenburg’s patients.
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. He was suspended for 6 months.
The Class: Class Members include all patients who attended at the Toronto Cosmetic Surgery Institute including the Skinjectibles clinic (the “Clinic”) at the Royal York Hotel at least once between January 1, 2017, and December 13, 2018, for any reason, whether or not they had a treatment or surgery. It also includes patients who never saw Dr. Jugenburg, and patients who saw doctors at the Clinic other than Dr. Jugenburg between January 1, 2017 to December 13, 2018.
Our Partners: Howie, Sacks & Henry LLP and Beyond Law LLP
- August 15, 2024: This matter has now been set down for a 5 week trial starting on November 17, 2025.
- Second Fresh as Amended Statement of Claim
- Statement of Defence
- CPSO Discipline Decision
- Certification Reasons for Decision
- Certification Order
- Long Form Notice
- Short Form Notice
- Press Release: Class Action Going to Trial Against Toronto Plastic Surgeon Dr. Jugenburg
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.