Air carrier denied limitation of liability under Warsaw Convention due to reckless failure to refrigerate vaccine.
The appellant air carrier appealed a trial judgment awarding the respondent damages for spoiled vaccine cargo.
The vaccine was destroyed after the carrier failed to refrigerate it during a delay in transit, despite clear instructions.
The Court of Appeal upheld the trial judge's finding that the carrier's failure to explain the lack of refrigeration, combined with the clear instructions and availability of coolers, supported an adverse inference of recklessness and knowledge of probable damage.
Consequently, the carrier was not entitled to limit its liability under the Warsaw Convention.
Connaught Laboratories Ltd. v. British Airways, 2005 ONCA 16576