Iran shot down plane full of Canadians intentionally in act of terrorism, Ontario judge rules

Share this Story: Iran shot down plane full of Canadians intentionally in act of terrorism, Ontario judge rules

Iran shot down plane full of Canadians intentionally in act of terrorism, Ontario judge rules A jury will now decide how much Iran should pay the victims. 'We will seize and sell any Iranian assets worldwide that we can get our hands on,' their lawyer said Photo by Handout

Article content Iran intentionally shot down an airliner packed with Canadian citizens and residents more than a year ago in an act of terrorism, an Ontario judge has ruled, adding judicial heft to allegations the crash was not just a tragic accident. The decision issued Thursday opens the door to an unusual legal spectacle — a civil jury of six ordinary Canadians deciding how much compensation the Middle Eastern power must pay victims of Flight PS752. We apologize, but this video has failed to load.

tap here to see other videos from our team. Try refreshing your browser, or Iran shot down plane full of Canadians intentionally in act of terrorism, Ontario judge rules Back to video The plaintiffs asked in their statement of claim for $1.5 billion. “When those people were killed on that plane, that was a community event,” said Mark Arnold, the Toronto lawyer handling the case. “This is an event affecting all of us and it is appropriate and right for the community to decide in its wisdom what the compensation should be.” When those people were killed on that plane, that was a community event Iran did not defend the suit, the court declaring it “in default.” The jury hearing on damages is likely to take place within the next three months, Arnold said.

Advertisement Story continues below This advertisement has not loaded yet, but your article continues below.

Article content The biggest challenge, however, will be collecting whatever compensation the jurors award from a country that has said it does not recognize Canadian legal proceedings over the crash, said the lawyer. “We will seize and sell any Iranian assets worldwide that we can get our hands on,” he said. “Oil tankers full of oil heading to Venezuela, Gibraltar, South Korea, Thailand, Australia. We will invoke the assistance of any foreign court that might assist us…. It is possible to do. Takes a lot of work but it’s possible to do.” Photo by Reuters The Ukrainian International Airlines plane crashed outside Tehran on Jan. 8 2020, killing 176 passengers and crew in what was a largely Canadian tragedy. The victims included 55 citizens of this country and 30 permanent residents, among 138 passengers heading to Canada via Kyiv, many of them students returning after the Christmas break.

Article content The incident came days after the assassination of Iranian General Qassem Soleimani by a U.S. drone, and Iran’s retaliatory missile strike on an American base in Iraq. Iranian authorities originally claimed the crash was an accident, but under pressure admitted that air defence forces had mistakenly fired two missiles at the Boeing 737 amid tension with the United States. In a long-awaited report issued this March, Iranian authorities claim the plane was shot down after being misidentified as a “hostile target” due to human error. But the report was widely dismissed, including by the Canadian government, for failing to answer key questions. More On This Topic Nothing in Iran’s final report explains why UIA Flight PS752 crashed, transport board says The alchemy of distance and time warps our senses on first anniversary of the loss of Flight PS752

Article content The lawsuit began as a class action, but a decision earlier by another judge gave the green light — called “carriage” in legal terms — to a separate suit to be the sole class action. The terrorism case was allowed to go ahead as a regular civil suit, though, and Arnold said that as many victims’ families as want can join the case as it moves on. Unlike the remaining class-action suit, it did not just allege mere negligence by Iran, but a deliberate attack, which would make it liable under the Justice for Victims of Terrorism Act. Justice Edward Belobaba of Ontario’s Superior Court of Justice concluded on a balance of probabilities “that the missile attacks on Flight 752 were intentional and directly caused the deaths of all onboard.”

Article content Photo by REUTERS A balance of probabilities in civil cases is a less stringent burden of proof than the “beyond-a-reasonable-doubt” onus required in criminal trials. When civil defendants are in default, courts usually deem that to mean they admit the truth of the allegation, said Belobaba. But the defendants in this case represent a foreign government and are covered by Canada’s State Immunity Act, so the plaintiffs had to show that the lawsuit is permitted under applicable federal law, he said. Belobaba cited in part a report by Ralph Goodale, appointed by Ottawa to investigate the incident, and another by a UN human rights council investigator that questioned Iran’s claim the shoot-down happened by human error. He also quoted submissions provided by two experts retained by the plaintiffs — Alireza Nader of the Washington, D.C.-based Foundation for the Defense of Democracies and Bahman Jeldi of the Canadian Society for Persian Studies — who concluded that the missile strike must have been intentional.

Article content The judge also said that there was no armed conflict in the region at the time, an exception that would have prevented the Victims of Terrorism Act from applying to the case. Arnold said he is getting regular calls pointing him to where Iranian bank accounts and the like exist in Canada. Another possibility could arise if Canada and Iran decide to resume some form of diplomatic relations, as has been widely rumoured. If that were to happen, the federal government could require Iran to pay off any outstanding court awards before the agreement is sealed, said Arnold. But he said it’s unclear whether Ottawa would take such action, given that it waited eight months just to serve the two class action suits on Iran, something it’s legally required to do. “So far the government has not helped us at all,” said the lawyer. “They opposed us at every turn.”

Share this article in your social network

Shopping essentials Advertisement Story continues below This advertisement has not loaded yet, but your article continues below.

NP Posted Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc. Email Address There was an error, please provide a valid email address. By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300 Thanks for signing up! A welcome email is on its way. If you don't see it please check your junk folder. The next issue of NP Posted will soon be in your inbox. We encountered an issue signing you up. Please try again