In a landmark decision, the Ontario Superior Court of Justice ruled in favor of the plaintiffs on June 10, 2024. The Court found Ukraine International Airlines (UIA) liable for not canceling flight PS752 in January 2020.
This verdict came after a lengthy 18-day trial and follows an earlier ruling by the same court.
The previous ruling designated the downing of the aircraft by Iran’s Islamic Revolutionary Guard Corps (IRGC) as “an intentional act of terrorism.”
Flight PS752 Tehran
The passenger flight PS752, a Boeing 737-800, was shot down shortly after takeoff from Tehran, Iran, on January 8, 2020.
The tragedy unfolded amidst heightened tensions between Iran and the United States, and resulted in the deaths of all 176 people on board.
Court Finds UIA Failed to Take Necessary Precautions
The recent court decision centered on UIA’s responsibility as a carrier. The plaintiffs argued that the airline should have canceled the flight.
This cancellation should have occurred, due to the known risks associated with the volatile situation in the region at the time.
The IRGC had fired two ground-to-air missiles at the commercial airliner shortly after its departure from Imam Khomeini International Airport.
The downing of the flight then resulted in the deaths of all 176 people on board. This complement included 63 Canadians, 10 Swedes, and 82 Iranians.
The onus was on the airline to show that it had taken appropriate steps to ensure the flight’s safety amid the known military tensions.
The court, after considering all the presented evidence, found that UIA did not take the necessary precautions to ensure passenger safety.
Ruling Does Not Absolve Iran of Blame
It’s important to note that this ruling does not absolve Iran of responsibility for the downing of Flight PS752.
The court previously condemned the IRGC’s actions as terrorism. This latest decision focuses solely on the airline’s obligations towards its passengers in a situation of heightened risk.
Justice for the Families of Victims
Ukraine, UK, Sweden & Canada previously lodged a complaint to the International Civil Aviation Organisation (ICAO) against Iran over the downing of flight PS752.
This week’s decision by the Ontario Superior Court brings some measure of justice to the families of the victims who perished in this horrific tragedy.
Under the Montreal Convention, the ruling means that the airline is liable to pay full compensation for the damages caused by the fatalities.
While the financial compensation awarded cannot erase their loss, it acknowledges the airline’s role in the events that unfolded.
This case is also significant for the international aviation community. It highlights the importance of airlines carefully assessing security risks before operating flights in potentially dangerous areas.
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