Ontario Superior Court of Justice Issues 2nd Decision
FOR IMMEDIATE RELEASE
UKRAINE AIRLINES FLIGHT PS752 SHOOT DOWN
ONTARIO SUPERIOR COURT OF JUSTICE ISSUES SECOND CONFIRMING JUDGMENT
TORONTO, July 31, 2023:
In a Decision released on July 31, 2023 under the pseudonym, Smith v Iran, the Ontario Superior Court of Justice fully upheld its earlier decision in Zarei v Iranawarding a further $142,183,333 to the families of eight other persons who died on the flight when it was struck by two missiles fired 30 seconds apart by the Iran Revolutionary guard Corps on behalf of the Islamic Republic of Iran.
Combined with the $107 million issued in Zarei, the Ontario Court has now issued damages judgments of approximately $249 million to the families of 14 victims of the disaster.
In today's Decision the court confirmed that the plaintiffs had established that the shooting down of flight PS752 by the defendants was an act of terrorism constituting "terrorist activity" under Canadian law.
Some surviving family victims of the tragedy have brought an additional claim seeking the seizure and sale of all former Iranian diplomatic property in Canada in partial satisfaction of their damages award. That claim will be heard and determined by the Court of Appeal for Ontario on September 27, 2023. That claim is aggressively opposed by the Government of Canada despite having severed all diplomatic ties with Iran in September 2012. Canada continues to asserts that the former diplomatic property remains diplomatic despite the severing of diplomatic relations and the 2012 expulsion of Iranian diplomats from Canada.
The lawyers for the Smith plaintiff's stated that although they were pleased with this second decision and that justice is proceeding for the families that they represent, they seek support not opposition from the Government of Canada in their efforts to recover sufficient Iranian assets to satisfy the judgements.
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
Mark Arnold / Jonah Arnold
Lawyers for the Smith and Zarei plaintiffs
Weinman Arnold LLP
416 363-2614 ext. 231
416 640-0508
Media Contact:
Jonah Arnold
Weinman, Arnold LLP
416-640-0508
jonah@healthlawfirm.ca