Air Canada has fired back in a lawsuit by security firm Brink害羞草研究所檚, saying the airline bears no responsibility for the daring theft of $23.8 million in gold and cash from its facilities at Toronto害羞草研究所檚 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害羞草研究所檚 filing last month.
In a Nov. 8 statement of defence, Air Canada rejected 害羞草研究所渆ach and every allegation害羞草研究所� in the Brink害羞草研究所檚 suit, saying it fulfilled its carriage contracts and denying any improper or 害羞草研究所渃areless害羞草研究所� conduct.
The country害羞草研究所檚 largest airline goes on to say that Brink害羞草研究所檚 failed to note the value of the haul on the waybill 害羞草研究所� a document typically issued by a carrier with details of the shipment 害羞草研究所� and that if Brink害羞草研究所檚 did suffer losses, a multilateral treaty known as the Montreal Convention would cap Air Canada害羞草研究所檚 liability.
害羞草研究所淏rink害羞草研究所檚 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害羞草研究所檚 knowledge, elected not to insure these shipments,害羞草研究所� the Air Canada filing reads, adding that Brink害羞草研究所檚 was 害羞草研究所渇ully aware of the consequences.害羞草研究所�
In Federal Court filings last month that claim breach of contract and millions of dollars in damages, Brink害羞草研究所檚 said an 害羞草研究所渦nidentified individual害羞草研究所� gained access to the airline害羞草研究所檚 cargo warehouse and presented a 害羞草研究所渇raudulent害羞草研究所漺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 害羞草研究所� currently worth about $21.1 million 害羞草研究所� plus nearly US$2 million in cash to the thief, who promptly 害羞草研究所渁bsconded with the cargo.害羞草研究所�
Even the cash 害羞草研究所� it converts to nearly $2.7 million Canadian 害羞草研究所� weighed a bundle, with the banknotes registering more than 53 kilograms.
The suit claims Air Canada was 害羞草研究所渘egligent害羞草研究所� and failed to follow through on 害羞草研究所渁ppropriate security measures害羞草研究所� to prevent theft of the goods.
A pair of Swiss companies 害羞草研究所� precious metals refinery Valcambi SA and retail bank Raiffeisen Schweiz 害羞草研究所� contracted Brink害羞草研究所檚 to provide security and logistics for the shipment and compensate them for any losses, according to the Brink害羞草研究所檚 suit. The gold was bound for Toronto-Dominion Bank, while the cash was en route to the Vancouver Bullion and Currency Exchange.
Brink害羞草研究所檚 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害羞草研究所檚 failed to pay an extra fee or a make a 害羞草研究所渟pecial declaration of interest in delivery,害羞草研究所� Air Canada is not liable for losses, the statement of defence claims, citing the Montreal Convention, which applies to international flights.
However, the Brink害羞草研究所檚 filing argues that it did pay a premium and the waybills were clearly marked as 害羞草研究所渂anknotes害羞草研究所� and 害羞草研究所済oldbars,害羞草研究所� on top of a warning on the paperwork: 害羞草研究所淪pecial supervision is requested. Valuable cargo.害羞草研究所� The Montreal Convention thus imposes no ceiling on the sum it can recover from the carrier, according to Brink害羞草研究所檚.
A police investigation is ongoing, with no arrests so far and the shipments still missing.
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