FOR IMMEDIATE RELEASE
Ontario Court Rules Shoot Down of Ukraine Airlines Flight 752 an Intentional Act of Terrorism
Toronto, Canada – Jan 3, 2022
In a Decision (available here) released, Jan 3, 2022, Justice Edward Belobaba of the Ontario Superior Court of Justice found that:
The shooting down of Flight 752 by the defendants (Islamic Republic of Iran) was an act of terrorism and constitutes “terrorist activity” under the SIA (State Immunity Act ), the JVTA (Justice For Victims of Terrorism Act) and the provisions of the Criminal Code.
Today Justice Belobaba of the Ontario Superior Court has issued the compensation decision which; In total the Court awarded $107,000,000 to families of six deceased victims divided as set out in the Decision.
This historical decision by Ontario court on Zarei v. Iran in PS752 case ruling is the damages against the Islamic Republic of Iran for Shooting down the Ukrainian plane PS752 and killing the families loved ones.
On January 8, 2020, the Islamic Republic of Iran fired two missiles into Ukraine International Airlines Flight 752 departing Tehran enroute to Kiev causing the aircraft to crash. Approximately 75 Canadians were killed.
The plaintiffs are some surviving family members who lost spouses, children, nieces and nephews. They filed a private law Claim in the Ontario Superior Court of Justice against the Islamic Republic of Iran and others responsible for the disaster.
Iran was validly served with the claim on September 2, 2020 but failed to and was Noted in Default on December 21, 2021.
The Default Judgement Decision is restricted to liability. A subsequent court hearing will take place to determine compensation.
The family members allege that the shooting down of the aircraft was an intentional act of terrorism under the laws of Canada and that they should be permitted to sue Iran in Canada despite sovereign immunity laws.
In 2012, the Justice for Victims of Terrorism Act and the State Immunity Act were amended to permit such claims to be brought against foreign states designated as state sponsors of terrorism. Canada designated the Islamic Republic of Iran as such a state.
This Decision of the Ontario Superior Court of Justice is unprecedented in Canadian law. It is significant for the impact it will have on immediate surviving family members seeking justice.
The International Centre for Human Rights invites you to an on-line press conference on Tuesday, Jan 21, 2022 at 12:00 PM. Family members and the legal team will be present.
Legal Team Contact:
Mark Arnold – Counsel
Gardiner Miller Arnold LLP
416 363-2614 Ext 231
Jonah Arnold – Counsel
Weinman Arnold LLP