2023 QCCA 1602, 2023 QCCA 1602

Marchetta c. Petros 724 inc. 2023 QCCA 1602 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030682-231 ( 460-17-003109-212 ) MINUTES OF HEARING DATE: December 13, 2023 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPELLANT COUNSEL ANGELA Marchetta Mtre Farhad Shayegh ( Melançon Marceau Grenier Cohen ) RESPONDENT Petros 724 inc. Unrepresente D IMPLEADED PARTY COUNSEL Canadian association of counsel to employers Mtre Gary Rosen ( Miller Thomson ) DESCRIPTION: Application to be authorized to intervene as a friend of the Court (Art. 187 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING

9:35 Commencement of the hearing. Identification of counsel. Preliminary remarks. 9:36 Submissions by Mtre Rosen. 9:37 Comments by Mtre Shayegh. Continuation of Mtre Rosen submissions. 9:42 Submissions by Mtre Shayegh. 9:48 Comments by Mtre Rosen. 9:49 Reply by Mtre Rosen. 9:50 The judge addresses to the parties. 9:51 Recess of the hearing. 9:57 Resumption of the hearing. BY THE JUDGE: Judgment – see page 3. 9:59 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The Canadian Association of Counsel to Employers (“CACE”) seeks leave to intervene as a friend of the court in this appeal, which raises important questions regarding the application of the Act respecting labour standards [1] to Quebec residents who work remotely for foreign-based employers. [2] [ 2 ] Pursuant to

Article 187 para. 2 C.C.P. , I must determine whether the proposed intervention is “expedient/ opportune ”, while bearing in mind “the importance of the issues in dispute, particularly in relation to the public interest, and the usefulness of the third person’s contribution to the debate/ l’importance des questions en litige, au regard notamment de l’intérêt public, et l’utilité de l’apport du tiers au débat ”. [3] [ 3 ] The expediency criterion is easily met here given the CACE’s mission and experience, the nature and importance of the legal issues in dispute, as well the respondent’s decision not to participate in the appeal. [ 4 ] In light of this last consideration, the CACE will have 30 minutes to make oral submissions, subject to further order of the panel that will hear the appeal.

I will also grant the appellant’s request to file a short memorandum responding to the CACE’s memorandum.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the application to intervene as a friend of the court; [ 6 ] AUTHORIZES the Canadian Association of Counsel to Employers to intervene as a friend of the court; [ 7 ] AUTHORIZES the Canadian Association of Counsel to Employers to file a memorandum not exceeding 10 pages , along with any supporting documents, no later than January 26, 2024 ; [ 8 ] AUTHORIZES the appellant to file a memorandum responding to the Canadian Association of Counsel to Employers’ intervention not exceeding 5 pages , along with any supporting documents, no later than February 9, 2024; [ 9 ] AUTHORIZES the Canadian Association of Counsel to Employers to make oral submissions of no more than 30 minutes , subject to further order of the panel that will hear the appeal; [ 10 ] THE WHOLE , without legal costs.

FRÉDÉRIC BACHAND, J.A.