Ontario Superior Court Ruling: Iran to Compensate Families of PS752 Flight Victims

The Ontario Superior Court has ordered the Islamic Republic to pay over $142 million in damages to the families of eight individuals who lost their lives in the downing of PS752, a Ukrainian International Airlines flight. The victims' families have sued the Islamic Republic, Ali Khamenei, and the Islamic Revolutionary Guard Corps (IRGC), holding them directly responsible for this 'terrorist act' and the damage inflicted on the victims' families. According to CBS Canada, Judge David Stinson stated that the plaintiffs proved that the downing of PS752 by the defendants constitutes a 'terrorist act.' In his ruling, the judge confirmed the plaintiffs' request, stating, 'The order for punitive damages against the defendants is aimed at punishment, condemnation, and deterrence.' For each of these families, over $16 million in punitive damages and $1 million for the suffering caused by the incident have been awarded. For some individuals who lost siblings, spouses, a 22-year-old daughter, and nieces and nephews, compensation ranging from $150,000 to $200,000 was determined due to the loss of their guides, caregivers, and life companions. This case marks the second trial in the Ontario Superior Court related to the downing of the Ukrainian plane on January 8, 2020. Last year, the Ontario Superior Court awarded $107 million in damages to the families of six others who died in the incident. The total amount awarded to the families of 14 victims is nearly $250 million. The Islamic Republic did not defend itself in either trial, and the ruling was issued in absentia. Joanna Harrington, a law professor at the University of Alberta, told CBS Canada that the current challenge is collecting money from Iran, as it is unlikely that Iran has assets in Canada. She added, 'Given that Iran has sued Canada at the International Court of Justice, claiming that Canada has violated international legal obligations regarding the respect for the immunity of a foreign state in the domestic courts of another country, it seems unlikely that Iran has assets in Canada to enforce this ruling.' The Canadian government is separately seeking compensation for the victims' families through the International Court of Justice and has filed a complaint in The Hague with other countries that lost their citizens in the plane's downing. In this case, the Islamic Republic is asked to investigate the downing of the Ukrainian passenger plane, prosecute the offenders, or surrender them, and compensate the families. Ardshir Zarehzadeh, a lawyer and human rights activist, emphasized the 'intentional and terrorist' nature of the IRGC's attack on the Ukrainian passenger plane, stating that the primary concern of the victims' families is the condemnation of the Islamic Republic and the designation of the IRGC as a terrorist organization. He also stressed that the path to justice goes through the courts, and the victims' families have the right to sue the perpetrators in a competent court, which is possible in Canada. Mark Arnold, who represents the families in both cases, stated that several families are now involved in another lawsuit seeking to seize and sell all former Iranian diplomatic properties in Canada. Arnold says he and his team are looking to seize Iranian assets both inside and outside Canada, including Iranian oil tankers in other countries that could be confiscated to pay the families' debts. He emphasized that this claim has faced strong opposition from the Canadian government, despite the severing of all diplomatic relations with Iran. Canada continues to insist that former Iranian diplomatic assets remain diplomatic despite the severing of diplomatic relations and the expulsion of Iranian diplomats from Canada.