Judge Orders Toronto Plastic Surgeon to Pay $22.5M After Secretly Filming Patients

Ontario Superior Court Justice Paul Schabas has ordered Toronto plastic surgeon Dr. Martin Jugenburg to pay $22.5 million after finding he recorded patients without proper consent. The ruling follows a class action tied to a 2018 undercover investigation by the Canadian Broadcasting Corporation and covers patients who visited the Toronto Cosmetic Surgery Institute between Jan. 1, 2012 and Feb. 28, 2019.

Details of the Ruling

The court found that 24 cameras were installed throughout the clinic — in reception and waiting areas, hallways, a staff room, workplace areas, consultation and injection rooms, the operating room and the recovery area. The devices recorded 24 hours a day, and live feeds were accessible via an application on Dr. Jugenburg’s smartphone.

"His conduct as a physician was reprehensible," Justice Schabas wrote in the decision filed May 26.

Schabas also found that neither Dr. Jugenburg nor his staff adequately informed patients about the cameras. There were no signs in consultation or examination rooms where patients would often be required to undress, and patients were not told by clinic staff that they were being recorded.

Damages and Legal Background

The judgment resolves a 2019 class action brought on behalf of two former patients identified as G.C. and J.C., and all patients who attended the clinic during the stated period. The court ordered $21.5 million in aggregate damages for the class and an additional $1 million in punitive damages, for a total award of $22.5 million.

Reactions

Attorneys at Beyond Law, representing the plaintiffs, called the decision "vindication for thousands of patients whose trust and privacy were violated in one of the most intimate settings imaginable: a medical clinic." They said the judgment underscores patients' rights to autonomy, dignity and privacy and that the firm will help ensure class members are informed about their rights and next steps.

People magazine reported it reached out to Dr. Jugenburg but did not hear back prior to publication. In an emailed statement to the CBC after the ruling, Dr. Jugenburg said he is "reviewing the court's judgement with my counsel and will provide a full response in due course." He added that he had previously acknowledged shortcomings in protecting patient privacy and that the well-being, comfort and privacy of his patients are his highest priorities.

Key facts: 24 cameras, continuous recording, smartphone access to live feeds, class covers 2012–2019, total judgment $22.5 million.