Canadian Plastic Surgeon Filmed Patients Without Consent, Class Action Claims

A recent class action claims that Dr. 6ix, a Toronto plastic surgeon with a strong social media presence, recorded patients without consent at his clinic.

Two Canadian women filed their surveillance class action lawsuit anonymously, listed in the complaint as “G.C.” and “J.C.”

The women claim that their privacy was breached when Dr. Martin Jugenburg, known on social media as Dr. 6ix, recorded them without consent.

The plastic surgeon based out of Toronto, Ontario reportedly recorded patients using surveillance cameras around his clinic in the Fairmont Royal York hotel.

The 24 cameras reportedly operated 24 hours a day in exam rooms, the clinic’s operating room, the pre-operative room, reception areas, hallways, administrative areas, the clinic’s computer workroom, and the staff kitchen.

Patients like the plaintiffs were allegedly unaware of the cameras and frequently undressed without knowing they were being recorded. The revelation that the clinic used constant surveillance reportedly caused humiliation and emotional harm to patients.

“The heart of the lawsuit is really to get damages for women who had their trust abused by Dr. Jugenburg and who suffered some pretty serious mental health effects as a result of realizing that they were filmed without their consent,” one of the plaintiffs’ counsel told CBC.

Dr. Jugenburg has denied any wrongdoing and reportedly plans to vigorously defend himself against the claims brought in the plastic surgeon class action lawsuit. According to the social media doctor, the footage was protected and secure – and was even auto deleted after a time delay.

The plaintiffs seek to represent a Class of patients who were seen at the Toronto Cosmetic Surgery Institute between Jan. 1, 2012 and Feb. 28, 2019.

The claims in the plastic surgeon class action lawsuit were preceded by a 2018 Marketplace investigation which revealed that the clinic used surveillance cameras. Following this report, the Ontario’s Information and Privacy Commissioner (IPC) and the College of Physicians and Surgeons of Ontario (CPSO) launched investigations into the issue.

The investigations reportedly found that the cameras had been in use since 2012. Surveillance was allegedly used by the staff to verify statements made by the staff and to review staff conduct.

The CPSO reportedly ordered Dr. Jugenburg to remove the cameras from patient rooms and clearly tell patients about the video surveillance. These changes reportedly went into effect this spring. The only remaining two cameras are allegedly found at the reception desks on each floor of the clinic. The cameras reportedly only records after business hours.

The IPC reportedly confirmed that all of the recorded footage was destroyed by the clinic.

Were you a patient at the Toronto Cosmetic Surgery Institute while surveillance cameras were in use? Let us know in the comment section below.

Plaintiffs and the proposed Class are represented by Kate Mazzucco and Josh Nisker of Beyond Law LPP; Margaret Waddell and Tina Q. Yang of Waddell Phillips Professional Corporation; and Paul Miller and Valerie Lord of Howie Sacks and Henry LLP.

The Dr. 6ix Video Surveillance Class Action Lawsuit is G.C., et al. v. Martin Jugenburg, et al., Case No. CV-19-00631903-00CP, in the Ontario Superior Court of Justice, Canada.

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