DCW Monthly: January 2026
We start 2026 with a focus on how courts, technology, and compliance realities are testing frameworks that were largely built
In Eurobank Ergasias S.A. v. Bombardier Inc., the Supreme Court of Canada takes up the fraud exception and whether it applies regarding a demand for payment under a Counter Guarantee.
In Eurobank Ergasias S.A. v. Bombardier Inc. (2024 S.C.C. 11 [Canada]) decided on 5 April 2024, the Supreme Court of Canada addressed the issue of whether a Canadian bank was required to refuse payment to the beneficiary of a letter of credit because of a third party’s fraudulent behaviour, which was attributable to the beneficiary.
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