Ontario appeals court upholds ruling requiring Ukrainian airline to pay families of victims on Flight PS752

Globe and Mail

2 days ago

Ontario's highest court has upheld a ruling that found Ukraine International Airlines legally responsible to pay full compensation to families of victims who died in the downing of Flight PS752.
On Jan. 8, 2020, the plane was shot down by two Iranian missiles just minutes after taking off from Tehran, killing all 176 people on board.
Most of the passengers were bound for Canada, including 55 Canadian citizens and 30 permanent residents, while many others had connections to Canada.
Under the Montreal Convention, an international law governing air travel, airlines are responsible for proven damages up to US$180,000. Airlines are also responsible for claims above that amount unless the airline can prove the incident did not happen due to its own negligence.
Iran admits 'disastrous mistake': Its military accidentally shot down Flight 752
Last year, an Ontario court found that Ukraine International Airlines was negligent because it failed to conduct a proper risk assessment for the flight out of Tehran, and the court found that decision meant the airline could not limit the amount of compensation it provided to families.
The Court of Appeal for Ontario dismissed the airline's appeal in a decision released Monday.
Joe Fiorante, a lawyer representing some of the families in the case, called the ruling 'an important result' for those who lost loved ones in the incident.
'The ruling of the Court of Appeal brings a small measure of justice for the families,' Fiorante said in a press release.
A joint statement by lawyers Paul Miller and Jamie Thornback, who also represent families in the case, called the ruling 'a landmark decision.'
'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,' they said in a press release.
'Airlines must exercise extreme caution and diligence when operating in or near a conflict zone.'
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Monday's ruling comes after the Supreme Court of Canada decided last year that it would not hear an appeal from victims' families who were trying to enforce a 2021 default court judgment against Iran for $107 million plus interest and costs.
The families had taken steps to enforce the ruling by targeting Iran's properties and bank accounts in Canada. But an Ontario judge had dismissed that motion, finding that the Iranian property was protected by diplomatic immunity under Canadian law. The top court upheld that decision on appeal last year.
For years, Canada, along with international partners including the United Kingdom, Sweden and Ukraine, has vowed to seek answers about the crash and hold the Iranian regime accountable for violations of international law.
Global Affairs Canada says Iran has not claimed full legal responsibility for the incident, and current proceedings against Iran under international law will likely take several years before a resolution is reached.