In a poignant ruling from the Ontario Superior Court of Justice, the case of S. v. Ukraine International Airlines JSC (2024 ONSC 3303) addressed the tragic shoot down of Ukraine International Airlines Flight PS752 by Iran shortly after takeoff from Tehran on January 8, 2020. The incident killed all 176 passengers and crew aboard the airplane, many of whom were Canadians.
The case dealt with whether the airline could be held liable for the incident.
Background of the Incident
Flight PS752 was en route from Tehran to Kyiv when it was hit by two surface-to-air missiles launched by the Islamic Revolutionary Guard Corps (IRGC). The incident occurred amidst escalating military tensions between the United States and Iran, notably following the U.S. airstrike that killed Major General Qasem Soleimani, a top Iranian military commander.
Legal Proceedings and Findings
Family members of the deceased passengers commenced numerous actions against Ukraine International Airlines (UIA) in Canada seeking damages resulting from the loss of their loved ones. These actions are governed by the Montreal Convention, which limits the airline to 128,821 Special Drawing Rights (approx. $230,000 CAD) in damages per passenger killed if the airline can establish that the damages were not due to its own negligence. This is a reverse onus on the airline that requires the airline to establish it was not negligent in allowing Flight PS752 to depart on January 8, 2020.
Court’s Analysis
The Court found that UIA breached the standard of care in the manner in which it conducted a flight risk assessment in the morning of January 8, 2020. In particular, the Court questioned the adequacy of the airline’s assessment of risk prior to take off on January 8, 2020 given the heightened military tensions in the region.
Implications of the Decision
This decision is currently under appeal. If the decision is upheld by the Court of Appeal, the families of the loved ones killed on January 8, 2020 will not have a cap on the damages they can seek against the airline.
For further insights into how this decision impacts international aviation law, please contact Frances Shapiro Munn and Hamish Mills-McEwan of Nelligan Law for expert legal advice and consultation.
