Restitution or windfall?
Court Certifies class action for consumers who suffered no damages
November 11th, 2006
Can consumers who obtain a defective product for free recover profits earned by the manufacturer, even though those consumers suffer no damages whatsoever? Most non-lawyers would likely say: no. However, the Ontario Divisional Court recently affirmed a decision certifying a class action against Johnson & Johnson that raises this question. [more] Full article