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Ontario Court of Appeal Orders Ukraine International to Fully Compensate Flight PS752 Families

The court found that UIA’s failure to conduct a proper risk assessment before flying from Tehran voided its liability limits under the Montreal Convention.

Overview

  • Ontario Court of Appeal dismissed UIA’s appeal and upheld the airline’s obligation to compensate families of all 176 passengers killed when PS752 was shot down in January 2020.
  • Most of those on board were Canadian citizens or permanent residents, driving robust legal and diplomatic initiatives in Canada.
  • The precise compensation amount has yet to be determined and could exceed the standard US$180,000 per passenger cap under the Montreal Convention.
  • Victims’ families also hold a 2021 default judgment against Iran for roughly $107 million, but enforcement efforts faltered due to sovereign-immunity protections.
  • Canada, the United Kingdom, Sweden and Ukraine continue separate proceedings at ICAO and the ICJ to seek state accountability for the shootdown.