The statements below are Sotos LLP’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
Latest update
June 26, 2026: The Defendants have appealed the common issues trial decision. May 26, 2026 : The common issues trial decision was released on May 26, 2026. The reasons for judgment can be read here .The trial judge found that Dr. Jugenburg breached the standard of care for a physician and surgeon, and breached his fiduciary duty owed to his patients in operating the 24 surveillance cameras throughout his clinic.Surveillance cameras cannot be operated in areas where patients have a reasonable expectation of privacy such as in consultation and treatment rooms, or in the OR and recovery rooms. The judge also found that operating the surveillance cameras was a privacy breach, which is called an “intrusion upon seclusion”. The judge has awarded damages totalling $21.5M for the privacy breach, based on an estimate of $5,000 for each patient seeking surgical treatment and $500 for those who attended the Skinjectables clinic. He also awarded $1M in punitive damages. Court costs and prejudgment interest remains to be determined. Some patients will have also suffered additional harms based upon the breach of trust and the privacy breach. There will be an opportunity to make a claim for additional compensation for such additional harms. How these claims will be determined has yet to be decided by the court. Our goal will be to make this simplified and trauma-informed. While we await any appeal(s), Class members are encouraged to compile and preserve any records that demonstrate that they suffered harm because of the Clinic’s surveillance in anticipation of the individual damages assessment phase. This may include: Any records of the response to the surveillance when the Class member discovered the surveillance; Any complaints made to the Information and Privacy Commissioner or to the College of Physicians and Surgeons; Any records that demonstrate emotional distress (such as text or emails to family members or the Clinic, doctor’s records, therapy notes, etc); and Any records showing financial loss or out of pocket expenses (such as time off work for medical appointments). The Defendants have the right to appeal from this decision. They have 30 days from the date of the decision to serve a notice of appeal. Before a formal notice goes out to class members about how to make a claim, any appeal will have to be resolved. Once the judgment is final a formal notice will be delivered to the Class members. October 30, 2025: This action is funded by the Class Proceedings Fund. The Class Proceedings Fund provides some funding for the costs of disbursements incurred in prosecuting the case and will provide an indemnity to the representative plaintiffs for any adverse cost awards made by the court. In exchange, the Fund will be entitled to receive 10% of the net proceeds of any judgment or settlement achieved for the class.” August 15, 2024: This matter has now been set down for a 5 week trial starting on November 17, 2025 .
Source: Sotos LLP
About This Case
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.
Source: Sotos LLP
Who May Be Eligible
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.
Source: Sotos LLP
How to Register
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.
Source: Sotos LLP
Frequently Asked Questions
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 c
Source: Sotos LLP
Disclaimer: This information is sourced from Sotos LLP. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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