愛污传媒

Skip to main content

Ontario court awards more than $107M to families over deadly Flight 752 shootdown

Share
OTTAWA -

An Ontario court has awarded more than $107 million to families of six victims of the Iranian military's downing of a passenger jet two years ago.

The decision made public Monday follows a May ruling that the missile strikes amounted to an intentional act of terrorism, paving the way for relatives of those killed to seek compensation from Iran.

In the 2021 decision, Ontario Superior Court Justice Edward Belobaba found on a balance of probabilities that the missiles that shot down Ukraine International Airlines Flight 752 on Jan. 8, 2020, were fired deliberately at a time when there was no armed conflict in the area.

As a result, he found it constituted an act of terrorism that would invalidate Iran's immunity against civil litigation.

While the State Immunity Act protects foreign states from legal claims, the Justice for Victims of Terrorism Act provides an exception in cases where the losses are caused by terrorist activity.

More than 100 of the 176 people killed in the plane crash had ties to Canada, including 55 Canadian citizens and 30 permanent residents.

"This court well understands that damage awards are a poor substitute for the lives that were lost," Belobaba said in the latest ruling, dated Dec. 31. "But a monetary award is the only remedy that a civil court can provide."

Belobaba awarded $7 million in compensatory damages and $100 million in punitive damages, plus interest, to the family members who went to court.

It was not immediately clear how the money might be collected from Iran.

Family members and their lawyers, Mark Arnold and Jonah Arnold, plan to discuss the court decision at a news conference Tuesday.

A statement from the lawyers Monday called the damages decision "unprecedented in Canadian law."

In the decision, Belobaba said he was satisfied the awards are "just and appropriate and accord with the applicable law." But he welcomed the possibility of appellate review, if only to affirm the appropriate framework for analysis of the case.

This report by The Canadian Press was first published Jan. 3, 2022.

CTVNews.ca Top Stories

Four people are dead following a fiery crash in downtown Toronto that happened overnight on Lake Shore Boulevard.

The president and CEO of New Brunswick-based Covered Bridge Potato Chips is taking an 'extended leave of absence' after being charged with domestic violence this past weekend.

A memorial is growing outside a Walmart in Halifax after a 19-year-old employee was found dead inside an oven in the store Saturday night.

A search has started at Prairie Green Landfill for the remains of two victims of a serial killer.

Local Spotlight

He is a familiar face to residents of a neighbourhood just west of Roncesvalles Avenue.

A meteor lit up our region's sky last night 鈥 with a large fireball shooting across the horizon over Lake Erie at around 7:00 p.m.

Residents of Ottawa's Rideauview neighbourhood say an aggressive wild turkey has become a problem.

A man who lost his life while trying to rescue people from floodwaters, and a 13-year-old boy who saved his family from a dog attack, are among the Nova Scotians who received a medal for bravery Tuesday.

A newly minted Winnipegger is hoping a world record attempt will help bring awareness for the need for more pump track facilities in the city.

A Springfield, Ont. man is being hailed a 'hero' after running into his burning home to save his two infant children.

Hortense Anglin was the oldest graduate to make her way across the platform at York University's Fall Convocation ceremony this week. At the age of 87, she graduated with an Honours degree in Religious Studies.

Looking for a scare with good intentions this Halloween season? The ghosts and ghouls of Eganville, Ont. invite families to tour the Haunted Walk at Lekbor Manor.

The image of a sleepy Saskatchewan small town with 'not a lot going on' is a well-known anecdote. However, one Saskatchewan company is hoping to change that 鈥 and allow communities both on and off the beaten path to share their stories and advertise what they have to offer.

Stay Connected