(EMPLOYMENT LAW)McKenzie was a qualified and licensed driver of tractor trailers and other heavy types of trucks. He was first employed by FMP Company in 1993 and was steadily employed by the company as a truck driver until 2011. At that time,he was voluntarily placed "on loan" to Timber-Hall Trucking under an agreement that provided as follows:

(1) Timber-Hall will provide and maintain trucks and equipment to haul logs from FMP Company logging sites to the FMP Mill.

(2) FMP Company will provide any qualified truck drivers required by Timber-Hall. Drivers will continue to be paid their regular wage rates and benefits by FMP Company.

(3) Timber-Hall will have the right to direct and supervise the work of the drivers but will not have the right to discharge or discipline drivers provided by FMP Company.

Timber-Hall operated a fleet of 36 trucks used for hauling timber from various logging sites to the FMP mill. Of the drivers, 32 were employees of Timber-Hall and four were "on loan" from FMPCompany. All drivers were under supervision of Timber-Hall management at both the loading and unloading points, and the drivers were directed to specific locations by Timber-Hall supervisors.

McKenzie was directed to a loading area by Timber-Hall and told to deliver the load to the FMP Company mill some 100 kilometres away. McKenzie picked up the load of timber and set out for the FMP mill. On the way, McKenzie encountered icy road conditions as he descended a long hill. Before he could bring the heavy truck under control, it left the road and collided with a road-side cabin owned by McGee.

The cabin was demolished, and McGee brought an action against McKenzie, Timber-Hall, and FMP Company for damages. Both Timber-Hall and FMP Company alleged in their defence that they were not the employer of McKenzie.

Discuss the arguments that may be put forward by the defendants and the issues raised by the case. Render a decision as if you were the Judge.