Ontario’s top court has upheld a ruling that Ukraine International Airlines must pay full compensation to the families of passengers killed when Iran shot down Flight PS752 in 2020. But families say the ruling doesn’t diminish Iran’s responsibility.
The unanimous Ontario Court of Appeal decision leaves intact a 2024 ruling that found the airline negligent for allowing the flight to depart despite escalating military tensions in the region.
Just minutes after takeoff, two Iranian surface-to-air missiles struck the Boeing 737, killing all 176 people on board, including 55 Canadian citizens and 30 permanent residents. Many others had deep ties to Canada.
The case hinged on the Montreal Convention, an international treaty governing air travel. The convention caps airline liability at US$180,000 per passenger unless the carrier is found negligent, in which case full damages may be awarded.
Last year, an Ontario judge concluded that UIA failed to conduct a proper risk assessment before the flight left Tehran, falling short of the “standard of care” required under international law. That finding meant the airline could not rely on the treaty’s liability limit.
The Association of Families of Flight PS752 Victims welcomed the decision but stressed that it does not absolve Iran or the Islamic Revolutionary Guard Corps (IRGC), which fired the missiles.
The group noted the ruling addresses only the airline’s responsibility for assessing conflict-zone risks, not Iran’s culpability in the attack.
They also highlighted that the lower court dismissed Iran’s official explanation — blaming “human error” — as implausible, calling its report flawed and contradictory.
Lawyers Paul Miller and Jamie Thornback, who represent some of the families, called the decision “a landmark.” In a joint statement, they said, “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. Airlines must exercise extreme caution and diligence when operating in or near a conflict zone.”
Accountability efforts continue in international courts
Separate legal proceedings against Iran remain underway at the International Civil Aviation Organization, the International Court of Justice, and the International Criminal Court.
Canada, along with the UK, Sweden and Ukraine, has pledged to continue pressing for accountability under international law, though those cases are expected to take years.
The ruling follows the Supreme Court of Canada’s 2024 decision not to hear an appeal from families seeking to enforce a $107 million default judgment against Iran. That effort was blocked after an Ontario court ruled Iranian assets in Canada were protected by diplomatic immunity.
The families said in a statement that they hope the ruling will help prevent similar tragedies in the future.
