Francesca is a litigator having developed a wealth of experience defending class actions related to securities, consumer protection, competition and environmental law matters, as well as product liability claims. She has also represented reporting issuers and their officers in the context of investigations conducted by Québec's securities regulator, the Autorité des Marchés Financiers.
With an impressive track record and an unwavering commitment to achieving favorable outcomes for her clients, Francesca has successfully represented diverse clients before the Québec Superior Court and Court of Appeal, the Federal Court and Federal Court of Appeal, as well as the Supreme Court of Canada. Francesca's highlights include being an integral part of teams having acted in the following matters:
Securities
- Secured the dismissal at the authorization stage of a class action filed against a cannabis company and its former CEO under the Québec Securities Act alleging false and misleading representations and failure to make timely disclosure of material facts (2023 QCCS 162).
- Represented publicly-listed companies, directors and an auditor in four distinct securities class actions filed under the Québec Securities Act alleging false and misleading representations and/or alleged failure to make timely disclosure of material facts.
- Represented Volkswagen in a class action filed under the Civil Code of Québec on behalf of Québec residents having purchased Volkswagen securities and who would have suffered monetary damages in relation to misrepresentation of the emissions in its diesel vehicles.
Consumer Law
- Secured the dismissal at the authorization stage of a class action filed against multiple insurers relating to their network of recommended providers. In May of 2023, the Québec Court of Appeal upheld the dismissal of the class action at the authorization stage (2023 QCCA 688).
- Secured the dismissal at the authorization stage against various defendants in a class action seeking damages for the cumulative effect of electromagnetic field pollution.
- Represented Audi and Volkswagen in a class action which confirmed the mandatory application of the Hague convention to the international service of legal proceedings.
Competition Law
- Bridgestone Americas Inc. in its defence against class actions alleging anti-competitive conduct in the sale of aftermarket tires.
- Secured the dismissal of a leave application before the Supreme Court of Canada for the Canadian Hockey League and its member leagues in a class action filed before the Federal Court of Canada alleging a conspiracy to unreasonably limit the professional opportunities of hockey players.
Environmental Law
- Represented Volkswagen and Audi in a class action alleging damages to class members’ health and the environment.
- Represented a municipality in a class action filed further to the changing of road itineraries for the circulation of heavy transport.
Francesca has co-authored the following publications:
- Le droit de la concurrence sous la loupe des actions collectives : un retour sur certains jugements importants de 2022-2023, Volume 554 – Développements récents en droit de la concurrence, Éditions Yvon Blais, 2024.
- The Defence of MultiJurisdictional Securities Class Actions, Annual Review of Civil Litigation, T. Archibald Editor, 2022.
- Avoir un pouls ne suffit plus: regard nouveau sur le critère de représentation adéquate en action collective, Volume 480 – Colloque national sur l'action collective: Développements récents au Québec, au Canada et aux États-Unis, Éditions Yvon Blais, 2020.
Bennett Jones