Ukraine International Airlines PS752 – Court Decision

On June 10, 2024, the Ontario Superior Court of Justice ruled that Ukraine International Airlines is legally responsible to pay full compensation to the families who lost loved ones in the downing of UIA Flight 752 in Iran in January 2020. The law firms of CFM Lawyers LLP, based in Vancouver, and Howie Sacks & Henry, based in Toronto, jointly represent the families of 21 passengers killed in the downing of Flight 752.

Flight PS 752, carrying Canadian citizens and permanent residents, was shot down over Tehran by the Iranian Revolutionary Guard in the early morning hours of January 8, 2020, at a time when military tensions with the United States were rapidly escalating.   The Ontario Court found UIA was negligent for failing to conduct a proper assessment of the risks of operating the flight out of Tehran.

The judgment comes following an 18-day trial in Toronto that ended in January 2024.  “This is an important result for our clients who lost loved ones in the downing of Flight 752”, says Joe Fiorante. “For the first time, the families now have complete answers to UIA’s role in this horrible tragedy”.  The judgment means that under the Montreal Convention, the international law which governs the international carriage of passengers, UIA will not be able to limit the compensation payable to the families to $180,000 USD per passenger, but instead will be now obligated to pay full compensatory damages arising from the fatalities.

Plaintiff N.S. says “My family and I are overjoyed by the verdict of the court. After sitting in the courtroom for almost the entire trial, I am grateful for the hard work and effort that my lawyers from Camp Fiorante and Howie Sacks & Henry put into the trial. Joe, Jamie, Paul and Valerie have been a steadying force for me throughout the ordeal”.

Justice Jasmine Akbarali ruled that UIA’s negligence was grounded in the fact that hours before the departure of Flight 752, Iran had launched ballistic missiles against US forces in Iraq in retaliation for the assassination of IRGC leader General Soleimani and was on high alert for a counterattack.

“This verdict sends a strong message to international airlines that they must put the safety of their passengers first”, says Paul Miller. “Airlines must take proper measures to avoid operations in conflict zones.”

HSH and CFM took on the greatest responsibility in this proceeding for the plaintiffs. They led the lion’s share of the plaintiffs’ evidence and conducted many of the cross-examinations. Their efforts supported the efforts of other plaintiff groups, who would otherwise have had higher costs. As a result, the HSH and CFM plaintiffs have borne the brunt of the impact of the unwarranted positions that UIA took in the litigation. The two firms developed the key evidence and led the efforts at trial to successfully hold UIA responsible.

For additional information about the case and the judgment, please contact:

Joe Fiorante KC – [email protected] (604) 331-9521

Jamie Thornback- [email protected] (604) 331-9529

Paul Miller – [email protected] (416) 885-0452

Valérie Lord  – [email protected] (416) 605-5363

A copy of the decision can be found here:

• Ontario Superior Court of Justice Decision June 10, 2024