Rescue workers search the scene where a Ukrainian plane crashed in Shahedshahr, southwest of the capital Tehran, Iran, Wednesday, Jan. 8, 2020. An Ontario court has ruled that the Iranian military’s downing of a passenger jet early last year was an intentional act of terrorism, paving the way for relatives of those killed to seek compensation from the country. THE CANADIAN PRESS/AP-Ebrahim Noroozi

Rescue workers search the scene where a Ukrainian plane crashed in Shahedshahr, southwest of the capital Tehran, Iran, Wednesday, Jan. 8, 2020. An Ontario court has ruled that the Iranian military’s downing of a passenger jet early last year was an intentional act of terrorism, paving the way for relatives of those killed to seek compensation from the country. THE CANADIAN PRESS/AP-Ebrahim Noroozi

Ontario court rules deadly shootdown of Flight 752 in Iran was act of terrorism

Ruling invalidates Iran’s immunity against civil litigation

An Ontario court has ruled that the Iranian military’s downing of a passenger jet early last year was an intentional act of terrorism, paving the way for relatives of those killed to seek compensation from the country.

In the decision, Ontario Superior Court Justice Edward Belobaba found on a balance of probabilities that the missiles that shot down Ukraine International Airlines Flight 752 on Jan. 8, 2020, were fired deliberately at a time when there was no armed conflict in the area.

As a result, he found it constituted an act of terrorism that would invalidate Iran’s immunity against civil litigation.

While the State Immunity Act protects foreign states from legal claims, the Justice for Victims of Terrorism Act provides an exception in cases where the losses are caused by terrorist activity, the ruling said.

More than 100 of the 176 people killed in the plane crash had ties to Canada, including 55 Canadian citizens and 30 permanent residents.

The lawsuit was filed last year by four people whose loved ones were killed in the attack.

Merzhad Zarei lost his 18-year-old son, Arad, while Shahin Moghaddam lost his wife, Shakiba, and their son Rossitin, the document said. Ali Gorji lost his niece Poureh and her husband Arash, who were newlyweds, it said.

The fourth plaintiff, identified only as Jane Doe because she fears reprisals from Iran, had planned to be on the plane alongside her husband but couldn’t get a visa in time, the ruling said.

Lawyers representing the plaintiffs said the ruling is “unprecedented in Canadian law.”

“It is significant for the impact it will have on immediate surviving family members seeking justice,” Mark Arnold and Jonah Arnold said in a statement Thursday.

The suit names a number of defendants, including the Islamic Republic of Iran and the Islamic Revolutionary Guard Corps.

Iran was served with the claim through Global Affairs Canada in September, but failed to file a statement of defence and was found in default in December.

Normally, a defendant found in default is deemed to admit the truth of the allegations made in the statement of claim, but the protections under the State Immunity Act apply even to those found in default, Belobaba wrote. The plaintiffs must therefore still satisfy the court that the case can proceed under the legally established exceptions.

“The plaintiffs have established that the shooting down of Flight 752 by the defendants was an act of terrorism and constitutes ‘terrorist activity’ under the SIA, the JVTA and the provisions of the Criminal Code,” he wrote.

The judge relied on two expert reports — one by Ralph Goodale, Canada’s special adviser on the incident, and the other by the Special Rapporteur to the United Nations Human Rights Council — in determining that the missiles were fired intentionally.

He also relied on the UN report and other experts in finding there was no armed conflict in the region at the time.

In the immediate aftermath of the shootdown, Iran denied responsibility but acknowledged three days later that its paramilitary Revolutionary Guard mistakenly hit the Ukrainian jetliner with two surface-to-air missiles.

Preliminary reports released by Iranian authorities last year pointed to an air-defence operator who they said mistook the Boeing 737-800 for an American cruise missile.

Iran’s civil aviation body released a final report earlier this year that blamed “human error” for the firing of the missiles but named no one responsible.

Thursday’s ruling dealt only with liability. The judge said another hearing will be held regarding compensation.

—Paola Loriggio, The Canadian Press

RELATED: Trudeau, O’Toole, demand accountability as Iranian officials indicted for PS752 crash

RELATED: Flight PS752 shot down after being ‘misidentified’ as ‘hostile target,’ Iran’s final report says

Flight 752 crash in IranIranTerrorism

Just Posted

Students at Creston Valley Secondary School put together an art installation of a replica residential school room. (Photo by Kelsey Yates)
Creston students create art installation of residential school room

The replica was decorated with a small bed, school uniform, and notes written with pleas for help

A living wage sets a higher standard than the minimum wage; it is what a family needs to earn to provide the basic needs based on the actual costs of living in a community.
Fruitvale now a living wage employer

“I’m really excited that Fruitvale is leading the charge for municipalities locally,” Morissette said.

Nelson police say a man attacked two people downtown with bear spray on Wednesday afternoon. File photo
Two people attacked with bear spray in downtown Nelson: police

Police say the three people know each other

Rotary eClub of Waneta Sunshine, alongside members from the Kootenay Native Plant Society and Trail Wildlife Association, joined together for a day of planting at Fort Shepherd. The Waneta Sunshine eClub was granted funds through an Express Grant from District 5080 to plant 50 shrubs which support pollinator opportunities at Fort Shepherd. Photos: Submitted
Kootenay conservation partners plant pollinator ‘superfoods’ at Fort Shepherd

TLC welcomes community groups to Fort Shepherd who would like to help local ecosystems thrive

Harold and Sadie Holoboff are bringing great food and service to the Eagle’s Nest Restaurant at Champion Lakes Golf and Country Club. Photo: Jim Bailey
West Kootenay golf course welcomes father-daughter team to restaurant

Chef Harold Holoboff brings comfort food to another level at Champion Lakes Eagle’s Nest Restaurant

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

B.C. Premier John Horgan leaves his office for a news conference in the legislature rose garden, June 3, 2020. (B.C. government photo)
B.C. premier roasted for office budget, taxing COVID-19 benefits

Youth addiction law that triggered election hasn’t appeared

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

Most Read