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The Federal Court held Brink’s did not make a special declaration of interest or pay a supplementary sum under Article 22(3) of the Montreal Convention.
The plaintiff proved there are no genuine issues of material fact because the defendant signed the promissory note and does not dispute signing or the outstanding calculation; the defendant's defence that the debt is a company obligation lacks evidentiary support and has no real chance of success, therefore summary judgment is appropriate and must be granted in favour of the plaintiff.
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