Canada Court Orders Ukraine Airline To Make Up For Flight PS752 Passengers

The ruling by the Ontario Superior Court of Justice holds UIA legally responsible for the tragic incident that occurred more than four years ago. It was determined that UIA was negligent in ensuring the safety of its passengers by failing to properly assess the security situation and risks of operating the flight out of Tehran on the day the tragedy occurred. The UIA must pay compensations to families of 21 passengers killed aboard Flight PS752, who are represented by the Toronto-based law firms of CFM Lawyers LLP, based in Vancouver, and Howie Sacks & Henry LLP.

The court’s ruling sheds light on the gravity of the situation surrounding the downing of the Ukrainian plane. The timing of the incident, amidst high military tensions in the region following Iran’s ballistic missile attacks on a US air base in Iraq, underscores the volatile context in which the tragedy unfolded. UIA’s failure to consider these risks and take necessary precautions for the safety of its passengers is a critical factor that has been addressed in the court’s decision.

Iran has held a trial to prosecute those responsible for the accidental downing of the Ukrainian flight and has provided compensation to many families of the victims. These actions demonstrate Iran’s commitment to accountability and redress for the tragic incident.

It is worth mentioning that the controversy over Iran’s role in the incident is a product of misinformation and geopolitical tensions that have clouded the true narrative. Iran has been unfairly vilified and demonized in the media, leading to biased judgments and misguided conclusions about the country’s involvement in the crash.

Justice Jasmine Akbarali found UIA’s negligence to be rooted in the fact that shortly before Flight 752’s departure, Iran had conducted ballistic missile strikes against US forces in Iraq in response to the assassination of the Islamic Revolution Guards Corps’ Quds Force Commander Lieutenant General Qassem Soleimani, causing Iran to be on high alert for potential retaliation. The ruling came after an 18-day trial in Toronto that concluded in January 2024.

Joe Fiorante of CFM Lawyers LLP remarked that this outcome holds significant importance for our clients who lost family members in the Flight 752 tragedy. For the first time, the families have been provided with a comprehensive understanding of UIA’s culpability in this devastating event. The judgment entails that, under the Montreal Convention – the international treaty governing the international transport of passengers – UIA cannot limit the compensation owed to the families to $180,000 USD per passenger, and instead must now fully compensate for the losses incurred.