Arab Canada News
News
Published: August 3, 2023
The Ontario Superior Court ordered the issuance of more than 142 million dollars to the families of eight people who lost their lives in the crash of the Ukrainian International Airlines plane in Iran three and a half years ago.
The plane, a Boeing 737-800, was shot down by two surface-to-air missiles minutes after taking off from Tehran on January 8, 2020, resulting in the death of 176 people on board, including all its passengers and crew members.
Among the passengers were 55 Canadian citizens and 30 individuals holding permanent residency in Canada.
The families of the eight victims had filed a lawsuit against Iran, its Supreme Leader Ali Khamenei, and the Islamic Revolutionary Guard Corps, arguing that they were responsible for a terrorist act and for the harm and losses they suffered.
Judge David Stinson concluded that the victims' families proved that the plane crash was indeed "a terrorist act constituting 'terrorist activity'."
"The awarding of punitive damages against the defendants... is intended for punishment, condemnation, and deterrence," Judge Stinson wrote in his ruling.
The judge also awarded each family more than 16 million dollars in punitive damages, in addition to one million dollars for pain and suffering.
Some plaintiffs who lost a brother, sister, spouse, or a daughter aged twenty-two, or a niece or nephew, were also awarded between 150,000 and 200,000 dollars each as compensation for the loss of guidance, care, and companionship.
None of the Iranian defendants defended themselves, leading to Judge Stinson's ruling in their absence.
The Ontario Superior Court had issued another default judgment last year ordering 107 million dollars to the families of six other people who died in the Ukrainian plane crash.
However, the likelihood is low, in both judgments, that the plaintiffs will succeed in seizing Iranian assets and obtaining the compensations ordered by the court.
Iran confirmed that the plane on flight PS752 was accidentally shot down by the Revolutionary Guard and issued a final investigative report concluding that "an air defense unit mistakenly identified the aircraft as an enemy target."
For its part, Canada rejected this conclusion and is seeking compensation through the International Court of Justice.
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