Air Canada has fired back in a lawsuit by security firm Brink香蕉视频直播檚, saying the airline bears no responsibility for the daring theft of $23.8 million in gold and cash from its facilities at Toronto香蕉视频直播檚 Pearson airport earlier this year.
A thief walked walked away with the costly cargo after presenting a phoney document at an Air Canada warehouse on April 17, according to the Brink香蕉视频直播檚 filing last month.
In a Nov. 8 statement of defence, Air Canada rejected 香蕉视频直播渆ach and every allegation香蕉视频直播� in the Brink香蕉视频直播檚 suit, saying it fulfilled its carriage contracts and denying any improper or 香蕉视频直播渃areless香蕉视频直播� conduct.
The country香蕉视频直播檚 largest airline goes on to say that Brink香蕉视频直播檚 failed to note the value of the haul on the waybill 香蕉视频直播� a document typically issued by a carrier with details of the shipment 香蕉视频直播� and that if Brink香蕉视频直播檚 did suffer losses, a multilateral treaty known as the Montreal Convention would cap Air Canada香蕉视频直播檚 liability.
香蕉视频直播淏rink香蕉视频直播檚 Switzerland Ltd. elected for its own reasons not to declare a value for carriage and to pay the standard rate for the AC Secure services product and, to Air Canada香蕉视频直播檚 knowledge, elected not to insure these shipments,香蕉视频直播� the Air Canada filing reads, adding that Brink香蕉视频直播檚 was 香蕉视频直播渇ully aware of the consequences.香蕉视频直播�
In Federal Court filings last month that claim breach of contract and millions of dollars in damages, Brink香蕉视频直播檚 said an 香蕉视频直播渦nidentified individual香蕉视频直播� gained access to the airline香蕉视频直播檚 cargo warehouse and presented a 香蕉视频直播渇raudulent香蕉视频直播漺aybill shortly after an Air Canada flight from Zurich landed at Pearson.
The statement of claim says staff then handed over 400 kilograms of gold in the form of 24 bars 香蕉视频直播� currently worth about $21.1 million 香蕉视频直播� plus nearly US$2 million in cash to the thief, who promptly 香蕉视频直播渁bsconded with the cargo.香蕉视频直播�
Even the cash 香蕉视频直播� it converts to nearly $2.7 million Canadian 香蕉视频直播� weighed a bundle, with the banknotes registering more than 53 kilograms.
The suit claims Air Canada was 香蕉视频直播渘egligent香蕉视频直播� and failed to follow through on 香蕉视频直播渁ppropriate security measures香蕉视频直播� to prevent theft of the goods.
A pair of Swiss companies 香蕉视频直播� precious metals refinery Valcambi SA and retail bank Raiffeisen Schweiz 香蕉视频直播� contracted Brink香蕉视频直播檚 to provide security and logistics for the shipment and compensate them for any losses, according to the Brink香蕉视频直播檚 suit. The gold was bound for Toronto-Dominion Bank, while the cash was en route to the Vancouver Bullion and Currency Exchange.
Brink香蕉视频直播檚 arranged in mid-April for Air Canada to haul the cargo to Toronto from Switzerland. It was delivered at Pearson just before 4 p.m. on a drizzly Monday, deposited at a glass-walled Air Canada warehouse on site at 5:50 p.m. and retrieved by the mysterious thief, who showed up 42 minutes later, the filings state.
Because Brink香蕉视频直播檚 failed to pay an extra fee or a make a 香蕉视频直播渟pecial declaration of interest in delivery,香蕉视频直播� Air Canada is not liable for losses, the statement of defence claims, citing the Montreal Convention, which applies to international flights.
However, the Brink香蕉视频直播檚 filing argues that it did pay a premium and the waybills were clearly marked as 香蕉视频直播渂anknotes香蕉视频直播� and 香蕉视频直播済oldbars,香蕉视频直播� on top of a warning on the paperwork: 香蕉视频直播淪pecial supervision is requested. Valuable cargo.香蕉视频直播� The Montreal Convention thus imposes no ceiling on the sum it can recover from the carrier, according to Brink香蕉视频直播檚.
A police investigation is ongoing, with no arrests so far and the shipments still missing.
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