A disgraced Toronto plastic surgeon known as "Dr. 6ix" has been ordered to pay $22.5 million in damages after secretly recording patients at his upscale clinic. Ontario Superior Court Justice Paul Schabas ruled that Dr. Martin Jugenburg invaded patients' privacy by installing surveillance cameras in private areas of his clinic, Toronto Cosmetic Surgery, located in the Royal York Hotel.
Justice Schabas described Jugenburg's conduct as "reprehensible," noting that he abused his position of trust and profited from vulnerable patients. "He installed surveillance cameras in very private places for his own benefit. Although not hidden, he did not inform, let alone seek consent from his patients or his colleagues," the judge wrote in his judgment.
Cameras in Exam Rooms and Surgical Suites
The investigation revealed that Jugenburg operated 24 surveillance cameras throughout the clinic between 2017 and 2018. These cameras were placed in examination rooms, surgical suites, recovery areas, and even a staff room. Patients were recorded in various states of undress, with video and audio captured of 7,196 individuals.
The hidden cameras were uncovered during a 2018 investigation by the consumer affairs program CBC Marketplace. Following a five-week trial, the court found Jugenburg liable for negligence, breach of fiduciary duty, and intrusion upon seclusion.
Patient Testimonies
Twelve female patients testified during the trial. Eleven of them had consultations or examinations where they undressed, exposing intimate body parts. Ten underwent surgery and follow-up appointments. The twelfth patient, who also served as Jugenburg's public relations advisor, only received Botox treatment and did not remove her clothing. Most patients were unaware of the surveillance until the CBC disclosed it in December 2018.
One patient was shocked to see her breast enlargement surgery broadcast on the news after Jugenburg allowed a TV crew to document the procedure without her consent for cameras in the operating room. Another patient discovered that before-and-after photos of her naked breasts had been "mistakenly" posted online.
Court Ruling and Damages
Justice Schabas rejected Jugenburg's claim that cameras were common in medical settings, stating that the evidence showed the opposite. "When the camera system was exposed, Dr. Jugenburg disingenuously claimed they were for security and showed no remorse for his conduct."
The aggregate damages were set at $21.5 million, plus an additional $1 million for punitive damages. Surgical patients are entitled to $5,000 each, while non-surgical patients will receive $500 each. The ruling covers approximately 4,000 surgical patients and 3,000 non-surgical appointments.
Regulatory Actions
In early 2019, the College of Physicians and Surgeons of Ontario (CPSO) ordered Jugenburg to remove cameras from patient areas. In 2021, the CPSO suspended his license for six months, issued a public reprimand, imposed practice restrictions, and ordered him to pay $31,110 in costs.
Prior to the CBC investigation, the only sign indicating video surveillance was a small notice on a shelf in the operating room, which was easily obscured. The court noted that Jugenburg knew exactly what he was doing and showed no remorse for invading patients' privacy.
