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INSOL International have published their 21st technical paper. The paper is entitled "The WEPPA, Purposive Interpretation and Vulnerable Creditors" and is written by Professor Jassmine Girgis, Assistant Professor, Faculty of Law, University of Calgary, Canada. Prof. Girgis was also the INSOL International Scholar for the Americas Region in 2010 – 2011. The full paper can be viewed on the INSOL web site here.
The paper examines the Wage Earner Protection Program Act (WEPPA) which is part of a comprehensive package of insolvency reforms that were introduced to the Canadian Bankruptcy and Insolvency Act (BIA) and it came into force in 2008. The paper considers the wage earner provisions that are in force in Canada, and also the decision given by the appellate court in the case of Ted Leroy Trucking Ltd. v. Century Services Inc. This is the only case so far to consider the new amendments and, in particular, the broad interpretation given by the court when defining the term "wages".
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...