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ARTICLE · 18 FEBRUARY 2025

Worth Its Weight In Gold? Not When Liability Clauses Tip The Scales

McCague Borlack LLP
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You had ONE job!!! It's easy to picture someone screaming this into the ether following not only the theft of millions of dollars of gold but an administrative failure which has now led to the loss...

CanadaTransport
McCague Borlack LLP
McCague Borlack LLP
Eric Turkienicz
Eric Turkienicz
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Brink's, Incorporated v. Air Canada, 2025 FC 110

You had ONE job!!! It's easy to picture someone screaming this into the ether following not only the theft of millions of dollars of gold but an administrative failure which has now led to the loss of any substantial recovery. But such is the case where Brink's, a company whose whole raison d'etre is the transport and protection of money, missed the mark on properly documenting the value of its cargo.

When Brink's hired Air Canada to transport 400 kilograms of gold, the shipment went from bullion to bargain after Air Canada not only lost the $20,000,000 worth of gold but was ordered to pay just $18,000 to Brink's in the recently decided matter of Brink's, Incorporated v. Air Canada.

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