Ontario’s Supreme Court has given a verdict that found that Ukraine International Airlines legally found responsible for giving full compensation to the families of the victims, who were killed in the downings of flight PS752.
On January 8, 2020, a few minutes after the aircraft was removed from Tehran, two Iranian missiles were shot dead, killing all 176 people.
Most passengers were obliged to Canada to Canada, including 55 Canadian citizens and 30 permanent residents, while many others had connections with Canada.
Under the Montreal Convention, an international law controlling air travel, Airlines is responsible for losses of up to $ 180,000. Airlines are also responsible for claims above that amount until the airline can prove that the incident did not occur due to its negligence.
Last year, an Ontario court found that Ukraine International Airlines was negligent as it failed to evaluate a proper risk for the flight outside Tehran, and the court found that the decision means that the airline could not limit the amount of compensation provided to the families.
Appeal to Ontario, the court rejected the airline’s appeal in a judgment issued on Monday.
A lawyer representing some families in this case, who was called “a significant result” for those who lost loved ones in the incident.
Firement said in a press release, “The court’s decision brings a small solution of justice to the families.”
A joint statement of lawyers Paul Miller and Jamie Thornback, which also represents families in the case, called the ruling “a historic decision”.
He said, “At the time of increased struggles around the world, the decision sends a clear message to international airlines that the open aircraft cannot be considered a safe airspace,” he said in a press release.
“Airlines should use excessive caution and hard work while operating in or near the struggle area.”
Monday’s verdict comes after the Canadian Supreme Court decided last year that he will not hear an appeal to the families of the victims who were trying to implement the 2021 default court’s decision against Iran for more than $ 107 million interest and costs.
Families took steps to implement the decision by targeting Iran’s assets and bank accounts in Canada. But an Ontario judge rejected the proposal, finding that the Iranian property was protected by diplomatic immunity under the Canadian Act. The apex court upheld the decision on the appeal last year.
For years, with international partners, including Canada, United Kingdom, Sweden and Ukraine, vow to take answers to the accident and to justify Iranian rule for violation of international law.
Global Affairs Canada says Iran has not claimed full legal responsibility for the incident, and the current proceedings against Iran under international law will probably take several years before reaching a resolution.
