Frequently Asked Questions (FAQ)
How Can I participate in the lawsuit?
If you are a family member of any of the passengers of Ukraine International Airlines PS752 and have suffered a loss because of the destruction of the PS752 airplane, you may be able participate in a lawsuit against Iran. You need not be Canadian, and you need not be in Canada. We encourage all family members to contact us to discuss the possibility of participating in this lawsuit. All correspondence will be treated as strictly confidential and private.
This lawsuit is not a class action lawsuit.
Must I be Canadian to participate?
No. Any family member wherever situated, inside OR outside Canada, is encouraged to contact us, so they may participate. All names will be kept strictly confidential.
Does my relative who was a passenger on PS752 need to have been a Canadian?
No.
Will my name be publicly listed if I participate?
No. If you choose to remain anonymous, we will protect your identity and keep your name and contact information private.
Must I do anything now, to participate?
We encourage all family members to register their interest with us as soon as possible so that we may begin to understand the extent of each families’ losses. You personal information will be securely stored. We will not share any of your private or confidential information with anyone without your prior written consent. If you decide to join this lawsuit, you may choose to retain our law firms at that time.
What are the general steps in this lawsuit?
The steps are set out by the Ontario Rules of Civil Procedure. For further information regarding the steps we have taken, and future steps, you may contact our law firm.
How long will this lawsuit take?
There is no way to predict how long a lawsuit may take. Various factors including whether the defendants participate, may affect the next steps taken, and therefore how long it takes to conclude. We intend to move this action forward swiftly. You may review our news about this lawsuit for period updates.
What is the legal basis for this lawsuit?
The defendants have admitted to shooting down the airplane. Under Canadian law, this act was unlawful and may be considered acts of terrorism. We are therefore suing under Canadian law to find the defendants liable for such actions, and to hold them to account.
What is the objective of the lawsuit?
We seek justice on behalf of our clients, who are some of the victims of PS752. We seek a finding of wrongdoing by the defendants and seek monetary compensation for the plaintiff families who have joined our lawsuit.
If I participate in this lawsuit will I be left out of any compensation the Canadian Government may negotiate with Iran?
No, your participation does not preclude you from receiving funds through a government negotiated settlement. If the Canadian Government successfully negotiates a settlement with Iran, you may be eligible to participate in that settlement. Our lawsuit does not risk your potential entitlement to any Canadian government settlement. It is unknown if the government will succeed and how much money may be received through the negotiation process. This lawsuit is important to preserve your right to full compensation, particularly if the government compensation falls short of full compensation.
Should I also seek damages against Ukraine International Airlines?
This lawsuit names only Iran and some of its officials as defendants. We have not claimed against the airline. There are other lawyers in Canada who are assisting families with claims against the airline, which are separate and different from this lawsuit. We would be pleased to refer you and your family to those lawyers.
What are the risks in participating?
Our clients have asked us to assess and advise on any risks associated with participating as a plaintiff.
Privacy risks: If you participate as a plaintiff in this lawsuit you may wish to remain anonymous and unknown to the general public. Our plaintiffs are known as John Doe to protect their privacy. We will ask the court to seal their file to maintain its contents and the identify of our clients private. We will not divulge the name of any client unless that specific client instructs us to do so.
Costs/Fees/Awards against the plaintiffs: We continually assess any risks associated with this lawsuit and advise our clients so they may make informed decisions. The defendants have been noted in default. If they wish to participate in this lawsuit, they must seek court permission. At this time, they have not sought such permission. It is unlikely, although not impossible, that the defendants will try to participate. The chance that a court will order any costs, fees or monetary award against the plaintiffs is very low (although not zero).
Justice for Families of the Victims
- Gardiner Miller Arnold LLP / Weinman, Arnold LLP
Family members of victims of Flight PS 752 may contact in confidence. We will not disclose your name or information to anyone without your permission. Members of the media may wish to contact us directly or review our news section.
Mark Arnold
mark.arnold@gmalaw.ca
416-363-2614
Jonah Arnold
jonah@healthlawfirm.ca
416-640-0508