Ontario Court of Appeal finds Ukrainian Airlines liable for the downing of UIA PS 752
Flight PS 752, carrying Canadian citizens and permanent residents, was shot down over Tehran by the Iranian Revolutionary Guard in the early morning hours of January 8, 2020, at a time when military tensions with the United States were rapidly escalating. The Ontario Court found UIA was negligent for failing to conduct a proper assessment of the risks of operating the flight out of Tehran.
The appeal court upheld the ruling of Justice Jasmine Akbarali of the Ontario Superior Court of Justice which was issued following an 18-day trial in Toronto that ended in January 2024.
"This is an important result for our clients who lost loved ones in the downing of Flight 752", says Joe Fiorante. "The ruling of the Court of Appeal brings a small measure of justice for the families."
The judgment means that under the Montreal Convention, the international law which governs the international carriage of passengers, UIA will not be able to limit the compensation payable to the families to $180,000 USD per passenger, but instead will be now obligated to pay full compensatory damages arising from the fatalities.
Paul Miller and Jamie Thornback believe that "**This is a landmark decision in the world of aviation. At a time of heightened conflicts around the world, the judgment sends a clear message to international airlines that open airspace cannot be assumed to be safe airspace. Airlines must exercise extreme caution and diligence when operating in or near a conflict zone."
A copy of the decision can be found here.
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