A Canadian court ruled on Thursday that Iran committed a "terrorist act" by downing a Ukrainian Boeing aircraft shortly after takeoff from Tehran in January 2020, paving the way for compensation claims from the victims' families. The Ontario Superior Court determined that the firing of two missiles at Ukraine International Airlines Flight PS752 was "likely" intentional and qualifies as a "terrorist act" under Canadian law.
Judge Edward Belobaba stated, "The plaintiffs have proven that the destruction of Flight PS752 (by Iran) was a terrorist act," thereby supporting the relatives of four of the victims who seek to sue Iran in Canada, according to their lawyer. Lawyers Mark and Jonah Arnold expressed their relief in a statement, noting, "The Ontario Superior Court decision is unprecedented in Canadian law (...) and will have a significant impact on the remaining family members of the victims seeking justice."
They added that this ruling opens the path for compensation claims from their clients against Iran for "terrorist action," with the plaintiffs seeking $1.5 billion (1 billion euros) in damages. Generally, foreign nations have immunity in Canada, where they cannot be sued in civil cases. However, a law from 2012 excludes countries accused of supporting "terrorism."
Ottawa severed diplomatic ties with Iran in the same year. Three days after the tragedy of Flight PS752, which occurred on January 8, 2020, in Tehran, the Iranian armed forces admitted to mistakenly downing the Ukrainian plane. In its final report issued in March, the Iranian Civil Aviation Organization cleared its armed forces. Ukraine viewed the decision as "an attempt to conceal the true causes," while Ottawa criticized the Iranian report as "incomplete" and lacking "conclusive evidence." Among the 176 victims, there were 55 Canadians and 30 other permanent residents of Canada.
