More than six months after a brazen gold heist at Toronto's Pearson International Airport, the airline and armoured car company involved are locked in a bitter legal dispute over who is to blame. Thieves made off with nearly C$24m ($17m) worth of gold bars and cash in April 2023, using a fake waybill to claim the cargo from an airport warehouse.
In October, Brink's, the US cash-handling company, alleged in a legal filing that Air Canada's lax security allowed the theft to occur just 42 minutes after the cargo arrived. However, Air Canada has now countered, claiming Brink's shipped the gold and cash from Zurich to Toronto without declaring its value, failing to add insurance, and declining to pay extra for added security.
Air Canada's statement of defense states that Brink's Switzerland Ltd did not request or pay for any insurance, nor did it declare a value for carriage. Instead, the company paid the standard rate for Air Canada's services. Brink's, however, argues that Air Canada's insufficient security measures allowed thieves to easily steal the 400kg of gold and over 50kg of cash using a falsified waybill.
Both companies have invoked the Montreal Convention, which regulates international shipments and sets compensation limits for lost cargo. Air Canada argues the convention caps its liability and calls the damage claims 'excessive' and 'too remote'. Brink's contends there is no limit to the compensation owed and claims it paid extra for the shipments, marking the waybills to indicate the cargo contained banknotes and gold bars, and requesting 'special supervision'.
None of the allegations have been tested in federal court, where the case is being heard.
