Court Affirms Decision Mandating Airline Compensate Families of Flight PS752 Victims 

Ontario’s top court has upheld a judgment that determined Ukraine International Airlines is legally obligated to provide full compensation to the families of the victims who died when Flight PS752 was shot down in 2020.

The jetliner, bound for Canada via Ukraine, was downed by two Iranian missiles just minutes after taking off from Tehran on Jan. 8, 2020. All 176 people on board were killed, including nine crew members and 15 children.

Fifty-five of the victims were Canadian citizens, 30 permanent residents, and a number of others had connections to Canada.

The Montreal Convention, an international law that governs air travel, stipulates airlines are liable for verified damages up to US$180,000. Airlines are also liable for claims that exceed this amount unless they can prove the incident did not occur due to their own negligence.

An Ontario court ruled in 2024 that Ukraine International Airlines acted negligently for failing to perform an adequate risk assessment for the flight departing from Tehran. The court concluded this failure prevented the airline from capping the compensation it offered to the families.

The Ontario Court of Appeal upheld this decision by dismissing the airline’s appeal on Aug. 11.

“I see no reason to interfere with the trial judge’s nuanced and discretionary assessment of the costs awarded,” the ruling written by Justice Peter Lauwers on behalf of the three-judge panel said. Justice Lise G. Favreau and Justice Jonathan Dawe both agreed with the decision.

Joe Fiorante, legal counsel for some of the families in the case, described the decision as “an important result” for those who suffered the loss of loved ones in the incident.

“The ruling of the Court of Appeal brings a small measure of justice for the families,” Fiorante said in an Aug. 11 press release.

Attorneys Paul Miller and Jamie Thornback, who also represent families in the case, called the ruling “a landmark decision” in a joint statement.

“At a time of heightened conflicts around the world, the judgment sends a clear message to international airlines that open airspace cannot be assumed to be safe airspace,” they said in the press release. “Airlines must exercise extreme caution and diligence when operating in or near a conflict zone.”

The ruling from the appeals court follows the decision made by the Supreme Court of Canada last year, which stated that it would not consider an appeal from the families of victims seeking to enforce a default court judgment from 2021 against Iran for $107 million, in addition to interest and costs.

The families took measures to enforce the ruling by focusing on Iran’s Canadian assets and financial accounts. An Ontario judge dismissed that motion, concluding that the Iranian property was shielded by diplomatic immunity in accordance with Canadian law. The Supreme Court confirmed that ruling on appeal last year.

Canada, in collaboration with international allies such as the United Kingdom, Sweden, and Ukraine, has committed to pursuing answers about the crash and ensuring the Iranian regime is held responsible for breaches of international law.

Former Prime Minister Justin Trudeau spoke out against Iran at a 2023 ceremony held to commemorate the deaths of the victims.

“This tragedy happened because of the Iranian regime’s heinous disregard for human life,” he said at the time. “Your grief has been compounded by their refusal to be held accountable.”

Global Affairs Canada has said Iran has yet to claim full legal responsibility for the incident. The ongoing legal actions against Iran under international law are expected to take several years before a resolution is achieved.

The Canadian Press contributed to this report.