The appellant city hired a temporary employee through a personnel agency.
The respondent union sought to have the employee included in its bargaining unit, arguing the city was the real employer.
The Labour Court found that the city was the real employer based on its control over the employee's working conditions and day-to-day work.
The Supreme Court of Canada held that the Labour Court's decision was not patently unreasonable, affirming that a comprehensive approach considering multiple factors is appropriate for identifying the real employer in a tripartite relationship.
