Court Decision on Enforcement and Seizure
FOR IMMEDIATE RELEASE
TORONTO, JANUARY 10, 2023:
This case arises from the January 8, 2020, intentional shooting down of Ukraine Airlines PS 752 by the Islamic Republic of Iran killing all on board.
The Ontario Superior Court of Justice today issued a Decision in a motion brought before it seeking court authority to seize and sell former Iranian diplomatic property in Canada. The Motion was intended to partially satisfy a prior court order awarding $107 million in damages compensation to five surviving family victims.
The Court strictly applied a Certificate issued by the Canadian Department of Foreign Affairs on March 9, 2022, purporting to certify that Iranian diplomatic property in Canada remains covered by diplomatic immunity despite the fact that Canada severed all diplomatic relations between Canada and Iran in September 2012.
The court accepted the Certificate of Diplomatic Property as determinative but criticized the Canadian Government and stated:
12. While this decision may be inconsistent with the purposes of the Justice for Victims of Terrorism Act…or public statements of the executive branch as referred to in the materials, it would appear to lie with the executive branch to explain and/or remedy such inconsistencies.
The Decision is highly unusual. The Court determined that the Certificate may be inconsistent with Canadian law. The Court called upon the executive branch (Canadian Government) to explain why or correct the inconsistency.
Surviving family victims are entitled to an explanation from the Government of Canada as to why it continues to maintain that the Iranian property is diplomatic property when there have been no diplomatic relations between Canada and Iran since September 2012.
The surviving family victims intend to appeal the Decision to the Court of Appeal for Ontario.
For further information family members of Flight PS752 may contact Jonah Arnold at (416) 640-0508 jonah@healthlawfirm.ca or Mark Arnold at (416) 363-2614 mark.arnold@gmalaw.ca
Media Contact:
Jonah Arnold
Weinman, Arnold LLP
416-640-0508
jonah@healthlawfirm.ca