The families of eight passengers who tragically lost their lives in the shooting down of Ukraine International Airlines Flight 752 over Iran over three years ago have been awarded a total of over $142 million by the Ontario Superior Court of Justice. The court ruled in favor of the families in their lawsuit against Iran, its supreme leader, and the Islamic Revolutionary Guard Corps. The defendants were found responsible for an act of terrorism and the resulting harm and loss suffered by the families. The court’s decision affirmed that the shootdown constitutes “terrorist activity” under Canadian law.
The awarded amount includes more than $16 million for each family in punitive damages, as well as an additional $1 million each for pain and suffering. Some families were also granted compensation ranging from $150,000 to $200,000 for the loss of guidance, care, and companionship. These families mourn the loss of siblings, spouses, and in one heartbreaking case, a 22-year-old daughter.
Flight 752 was en route from Tehran to Kyiv on January 8, 2020 when it was shot down shortly after takeoff. Among the 176 passengers and crew killed were 55 Canadian citizens, 30 permanent residents, and individuals with connections to Canada. The victims also included individuals from Sweden, Ukraine, the United Kingdom, Afghanistan, and Iran. They ranged in age from one to 74 years old.
Although Iran has acknowledged that the surface-to-air missiles were fired by the Islamic Revolutionary Guard, they have maintained that it was a mistake. The Canadian government and the victims have rejected this assertion. Justice David Stinson’s recent judgment builds upon a previous decision by the Ontario Superior Court that awarded a combined $107 million to the families of six other victims of the tragedy. In total, the families have now been awarded nearly $250 million.
Neither Iran nor its representatives defended themselves in these civil cases, resulting in default judgments. The question now arises as to whether or how the families will be able to access the awarded compensation.
Mark Arnold, the attorney representing the families in both Ontario civil cases, highlighted that some families are pursuing legal action to seize Iranian assets in Canada and abroad to satisfy the damage awards. However, he noted that the federal government is opposing this action by arguing that the assets in question are diplomatic and therefore immune from court seizure. While pleased with the latest ruling, Arnold and his colleagues are requesting support, rather than opposition, from the Government of Canada in their efforts to recover sufficient Iranian assets to fulfill the judgments.
Canada severed official diplomatic relations with Iran in 2012, and the former Iranian embassy in Ottawa remains unoccupied. It has become a site of domestic protests against the Iranian state, including demands for justice for the victims of Flight 752. In collaboration with the United Kingdom, Sweden, and Ukraine, Canada filed a case against Iran at the International Criminal Court last month, seeking reparations for the families and the prosecution of those responsible for the shootdown.
In conclusion, this landmark ruling by the Ontario Superior Court provides some measure of justice and compensation for the families affected by the tragic shooting down of Flight 752. The families continue to seek support from the government and hope to recover Iranian assets to fulfill the judgments. The case also highlights the ongoing efforts at the international level to hold Iran accountable for the tragic incident.
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