The Superior Court of Justice found Dr. Martin Jugenburg (Dr. 6ix) was negligent and liable for intrusion upon seclusion for use of surveillance cameras throughout his clinic in 2017 -18.

TORONTO, May 27, 2026 /CNW/ - Years of legal battles have culminated in a decisive judgment against a well-known Toronto plastic surgeon, Dr. Martin Jugenburg. The ruling follows a comprehensive five-week common issues trial that concluded in mid-December 2025.

The Court found the defendant, Dr. Jugenburg (also known as Dr. 6ix), was negligent, breached his fiduciary duty to his patients, and is liable for the privacy breach known as intrusion upon seclusion arising from his use of 24 surveillance cameras throughout his clinic, the Toronto Cosmetic Surgery Institute. The cameras were in areas where patients would expect privacy, including consultation, examination, and operating rooms.

First exposed by a CBC Marketplace undercover investigation in November 2018, the surveillance system was subsequently seized by the CPSO (College of Physicians and Surgeons of Ontario) in December 2018.

The class action was certified in May 2021, coinciding with a six-month CPSO suspension imposed against Dr. Jugenburg for various patient privacy violations including on social media and from his use of the surveillance cameras.

Justice Schabas' judgment was released on May 26th, 2026. The Court disbelieved the defendant's defence that the surveillance cameras were installed as a general security measure for the benefit of everyone at the Clinic. The judge found that Dr. Jugenburg's evidence was not credible or reliable. His Honour did not accept Dr. Jugenburg's excuse that he misunderstood his obligations under privacy laws. The judgment notes that ignorance of the law is no defence.

Justice Schabas concluded that Dr. Jugenburg's clinic took no steps to inform patients of the existence of the surveillance cameras, the surveillance was used exclusively to resolve disputes in Dr. Jugenburg's own favour, and was directly accessible on his personal iPhone and iPad. He concluded that "every patient has an expectation of privacy, which was breached", and that the privacy breach was "highly offensive and would reasonably cause distress, humiliation and anguish to Class Members".

Significantly, Justice Schabas awarded $1 million in punitive damages against Dr. Jugenburg, stating that Dr. Jugenburg knew what he was doing, that his conduct was reprehensible and deserving of condemnation and punishment by the Court.

Dr. Jugenburg has been ordered to pay $21,500,000 in aggregate damages for intrusion upon seclusion and $1,000,000 in punitive damages, for a total of $22,500,000. Pre-judgment interest and legal costs will be determined at a later date.

This concludes the common issues portion of the litigation, however, individual damages assessments for negligence and breach of fiduciary duty remain pending. Class members are eligible to pursue further compensation through the upcoming individual claims phase if they suffered injuries or harms as a consequence of being subjected to the surveillance.

A copy of the judgment can be found here.

SOURCE Howie, Sacks & Henry LLP