Air Canada has fired back in a lawsuit by security firm Brink’s, saying the airline bears no responsibility for the daring theft of $23.8 million in gold and cash from its facilities at Toronto’s 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’s filing last month.
In a Nov. 8 statement of defence, Air Canada rejected “each and every allegation” in the Brink’s suit, saying it fulfilled its carriage contracts and denying any improper or “careless” conduct.
The country’s largest airline goes on to say that Brink’s failed to note the value of the haul on the waybill — a document typically issued by a carrier with details of the shipment — and that if Brink’s did suffer losses, a multilateral treaty known as the Montreal Convention would cap Air Canada’s liability.
“Brink’s 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’s knowledge, elected not to insure these shipments,” the Air Canada filing reads, adding that Brink’s was “fully aware of the consequences.”
In Federal Court filings last month that claim breach of contract and millions of dollars in damages, Brink’s said an “unidentified individual” gained access to the airline’s cargo warehouse and presented a “fraudulent” waybill 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 — currently worth about $21.1 million — plus nearly US$2 million in cash to the thief, who promptly “absconded with the cargo.”
Even the cash — it converts to nearly $2.7 million Canadian — weighed a bundle, with the banknotes registering more than 53 kilograms.
The suit claims Air Canada was “negligent” and failed to follow through on “appropriate security measures” to prevent theft of the goods.
A pair of Swiss companies — precious metals refinery Valcambi SA and retail bank Raiffeisen Schweiz — contracted Brink’s to provide security and logistics for the shipment and compensate them for any losses, according to the Brink’s suit. The gold was bound for Toronto-Dominion Bank, while the cash was en route to the Vancouver Bullion and Currency Exchange.
Brink’s 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’s failed to pay an extra fee or a make a “special declaration of interest in delivery,” Air Canada is not liable for losses, the statement of defence claims, citing the Montreal Convention, which applies to international flights.
However, the Brink’s filing argues that it did pay a premium and the waybills were clearly marked as “banknotes” and “goldbars,” on top of a warning on the paperwork: “Special supervision is requested. Valuable cargo.” The Montreal Convention thus imposes no ceiling on the sum it can recover from the carrier, according to Brink’s.
A police investigation is ongoing, with no arrests so far and the shipments still missing.
News Related
-
It was a chilly morning on the Kainai Nation on Friday and emergency services staff from the Blood Tribe came out in full support of those experiencing domestic violence. The ninth annual Domestic Violence Awareness Walk put on by the Kainai Women’s Wellness Lodge saw men in the community slip ...
See Details:
‘Walk In Her Shoes’ event held in Kainai Nation
-
Today, Manitoba announced that it will temporarily reduce costs for farmers using Crown land for grazing, haying and yearly cropping. The measure will bring the reduction rate up to 55 per cent from 33 per cent for the 2024 growing season. Carson Callum, general manager with Manitoba Beef Producers, said ...
See Details:
Manitoba announces reduced rent on agricultural Crown land
-
Small businesses and climate activists are looking at what the province’s newly introduced “gas tax holiday” bill could mean for Manitobans. The bill was introduced Thursday by Finance Minister Adrien Sala, and offers to remove provincial tax from gasoline and diesel. That means 14 cents per litre will stay in ...
See Details:
Who benefits from Manitoba’s ‘gas tax holiday,’ and for how long?
-
Halifax Transit is making a push to tackle what they say has been a growing issue for their workers. During the city’s transportation standing committee meeting on Thursday, Philip Herritt, the director of transit operations for Halifax Transit, outlined a proposal to help address violent incidents happening on buses city-wide. ...
See Details:
Halifax Transit pushes to get safety officers aboard buses and ferries
-
If you’re a listener of QR Calgary on the the AM frequency, the broadcast you typically hear will be unavailable as we do some maintenance on our transmitter towers starting Friday Nov. 24 at 11 p.m. until Saturday Nov. 25 at 5 a.m. This means we’re off the air for ...
See Details:
QR Calgary 770AM will be temporarily off-air for maintenance work
-
-
The city of Saskatoon has approved recommendations allowing for more housing opportunities, hoping to access federal funds and ultimately change what housing looks like in the city. “This is a generational shift in what housing looks like. More people will have access to stable and affordable housing, with walkable services ...
See Details:
City of Saskatoon takes steps to address housing affordability
-
James Busch stands atop a hill, overlooking new trainees undertaking a firefighting course. Below, navy sailors have a tall task ahead of them: extinguishing a burning helicopter. The chopper is a Sikorsky CH-148 Cyclone, but it’s not a real helicopter. The near-exact replica of the chopper, in use for the ...
See Details:
Canadian Military trains to extinguish burning helicopters
-
-
James Busch stands atop a hill, overlooking new trainees undertaking a firefighting course. Below, navy sailors have a tall task ahead of them: extinguishing a burning helicopter. The chopper is a Sikorsky CH-148 Cyclone, but it’s not a real helicopter. The near-exact replica of the chopper, in use for the ...
See Details:
Toronto pet owners face ‘excruciating decisions’ in cost-of-living crisis
-
James Busch stands atop a hill, overlooking new trainees undertaking a firefighting course. Below, navy sailors have a tall task ahead of them: extinguishing a burning helicopter. The chopper is a Sikorsky CH-148 Cyclone, but it’s not a real helicopter. The near-exact replica of the chopper, in use for the ...
See Details:
Black Friday weekend kicks off in Kingston
-
-
James Busch stands atop a hill, overlooking new trainees undertaking a firefighting course. Below, navy sailors have a tall task ahead of them: extinguishing a burning helicopter. The chopper is a Sikorsky CH-148 Cyclone, but it’s not a real helicopter. The near-exact replica of the chopper, in use for the ...
See Details:
Doug Ford says he will waive cabinet privilege in RCMP Greenbelt investigation
-
James Busch stands atop a hill, overlooking new trainees undertaking a firefighting course. Below, navy sailors have a tall task ahead of them: extinguishing a burning helicopter. The chopper is a Sikorsky CH-148 Cyclone, but it’s not a real helicopter. The near-exact replica of the chopper, in use for the ...
See Details:
Pedestrian struck and killed on Highway 3 in southern Alberta
OTHER NEWS
Ontario’s police watchdog agency has been called in by its Nova Scotia counterpart to review new information unearthed by the inquiry into the 2020 mass shooting in the Maritime province. ...
Read more »
Those travelling across the Halifax Harbour over the next two weekends can expect a lengthier commute, as the 53-year-old MacKay Bridge will be closed as it undergoes critical repairs. In ...
Read more »
The City of Toronto says it will begin to clear out an encampment in Kensington Market on Friday morning due to it being an “immediate public safety risk.” Russell Baker, ...
Read more »
Residents have been allowed to return home as stabilization works get underway on a rockslide in Penticton, B.C. A rockslide evacuated 25 homes in the Pleasant Valley Mobile Home Park ...
Read more »
As mundane urban city life churns on around them, a growing population of people are seeking shelter, trying to survive another night. Some are in tents tucked among the trees ...
Read more »
Whether it’s a big box store or online, the Black Friday weekend has been a concern for local businesses. Sarah Amies, executive director of the Downtown Lethbridge Business Revitalization Zone, ...
Read more »
A timber company working on the overdue and over-budget West Kelowna city hall project has filed a civil suit, claiming they’re owed hundreds of thousands of dollars. Seagate Mass Timber, ...
Read more »