THE Ontario Superior Court of Justice on Monday ruled that Ukraine International Airlines is legally responsible for paying full compensation to the families who lost loved ones in the downing of UIA Flight 752 in Iran in January 2020. The law firms of CFM Lawyers LLP, based in Vancouver, and Howie Sacks & Henry LLP, based in Toronto, jointly represent the families of 21 passengers killed in the downing of Flight 752.

Flight PS752, 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.

Justice Jasmine Akbarali ruled that UIA’s negligence was grounded in the fact that hours before the departure of Flight 752, Iran had launched ballistic missiles against US forces in Iraq in retaliation for the assassination of IRGC leader General Soleimani and was on high alert for a counterattack. The judgment followed 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 of CFM Lawyers LLP. “For the first time, the families now have complete answers to UIA’s role in this horrible tragedy.” 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.

Following the judgement, plaintiff N.S. said: “My family and I are overjoyed by the verdict of the court. After sitting in the courtroom for almost the entire trial, I am grateful for the hard work and effort that my lawyers from Camp Fiorante and Howie Sacks & Henry put into the trial. Joe, Jamie, Paul and Valérie have been a steadying force for me throughout the ordeal.”

In awarding costs to the plaintiff counsel, Akbarali noted: “HSH and CFM took on the greatest responsibility in this proceeding for the plaintiffs. They led the lion’s share of the plaintiffs’ evidence and conducted many of the cross-examinations. Their efforts supported the efforts of other plaintiff groups, who would otherwise have had higher costs. As a result, the HSH and CFM plaintiffs have borne the brunt of the impact of the unwarranted positions that UIA took in the litigation.”

“This verdict sends a strong message to international airlines that they must put the safety of their passengers first,” says Paul Miller of HSH LLP. “Airlines must take proper measures to avoid operations in conflict zones.”

A copy of the decision can be found here.