TORONTO — The Ontario Court of Appeal has upheld a ruling confirming that Ukraine International Airlines (UIA) is legally responsible to pay full compensation to the families of passengers who perished in UIA Flight PS 752.

The decision follows an 18-day trial in Toronto that ended in January 2024 and affirms the findings of negligence against UIA for operating the flight amid escalating military tensions.

Flight PS 752, which carried Canadian citizens and permanent residents, was shot down by the Iranian Revolutionary Guard in the early morning of Jan. 8, 2020, during a period of heightened conflict between Iran and the United States. The Ontario Court found that UIA was negligent for failing to conduct a proper assessment of the risks of operating the flight out of Tehran.

“This is an important result for our clients who lost loved ones in the downing of Flight 752,” said Joe Fiorante, representing families through CFM Lawyers LLP and Howie Sacks & Henry. “The ruling of the Court of Appeal brings a small measure of justice for the families.”

The judgment means that under the Montreal Convention – the international law that governs the international carriage of passengers – UIA will not be able to limit the compensation payable to the families to US$180,000 per passengers. Instead, UIA will now be obligated to pay full compensatory damages arising from the fatalities.

A copy of the decision can be read here.