Ukrainian International Airlines Flight 752 Plane Crash Lawsuit - Airplane Accident Lawyers Canada

Update June 10, 2024: Trial Decision

The Ontario Superior Court of Justice has ruled that Ukraine International Airlines (UIA) must pay full compensation to the families of victims who perished when Flight PS 752 was shot down over Tehran on January 8, 2020. The decision follows an 18-day trial concluding in January 2024, where the court found UIA negligent for not adequately assessing the risks of operating the flight amid escalating military tensions in the region.

The full decision can be found here.

Flight PS 752, carrying numerous Canadian citizens and residents, was downed by the Iranian Revolutionary Guard during a period of heightened conflict between Iran and the United States. Justice Jasmine Akbarali determined that UIA failed to address the dangers posed by the volatile situation, including recent Iranian missile attacks against U.S. forces in Iraq.

The ruling is significant as it mandates UIA to provide full compensatory damages under the Montreal Convention, surpassing the previous cap of $180,000 USD per passenger.

Howie Sacks & Henry, together with CFM Lawyers LLP in Vancouver played pivotal roles. They assumed primary responsibility for representing the plaintiffs, leading the presentation of evidence and conducting numerous cross-examinations during the trial. Their extensive involvement not only spearheaded the case but also alleviated costs for other plaintiff groups who benefited from their efforts.

HSH and CFM represented the families of 21 passengers who died in the tragedy. Their work was instrumental in developing critical evidence and successfully holding UIA accountable for its actions. Due to their leadership and dedication, these firms faced significant challenges posed by UIA’s defence strategies but were crucial in securing justice for the victims’ families.

For additional information about the case and the judgement, please contact:

Paul Miller: pmiller@hshlawyers.com; (416) 646-3901

Joe Fiorante, K.C.: jfiorante@cfmlawyers.ca; (604) 331-9521

Jamie Thornback: jthornback@cfmlawyers.ca; (604) 331-9529

Update: March 4, 2021

On February 16, 2021, Howie, Sacks and Henry LLP, along with co-counsel Camp Fiorante Mogerman Matthews LLP , appeared before Justice Glustein of the Ontario Superior Court of Justice. HSH and CFM attended in order to represent the interests of our client, Jane Doe, as a proposed intervenor in a class action commenced against Ukraine Airlines, the Islamic Republic of Iran and the Islamic Revolutionary Guard. As a result of our submissions, Justice Glustein made the following Order, which includes four significant decisions:

Family members will have two years from the date of the accident to decide whether they wish to pursue an individual claim against UIA only or whether they wish to be a part of the Class Action against Iran, as opposed to the 75 days originally proposed;
Minors and incapable persons will be allowed to opt-out of the class action by delivering an opt-out form signed by a litigation guardian, rather than requiring families to obtain leave of the Court and notice to the Public Trustee and/or Children’s Lawyer;
Families who have already retained their own lawyer will be permitted to opt out of the class action by contacting their lawyers and having their lawyers deliver their signed opt-out notice; and,
Justice Glustein ordered that the class action remove from its Notice of Certification any claims that class members are guaranteed anonymity through the class action lawsuit, as he found that there can be no guarantee of confidentiality through the class action at this stage.

At HSH and CFM, we continue to believe that pursuing claims against Ukraine International Airlines only while working with the Canadian government to hold the Iranian government and military to account is a safer and more effective approach to helping families who have suffered as a result of the downing of UIA PS752. We are proud to have represented our clients at the hearing.

HSH and CFM will continue to monitor developments in the class action case to ensure that our clients’ interests are protected and they do not become entangled with the claims against the Islamic Republic of Iran, the Iranian Revolutionary Guard and John Doe Missile Operator.

HSH Commemorates the Loss of Ukraine International Airlines Flight 752

On January 8, 2020, Ukraine International Airlines Flight 752 departed from Imam Khomeini International Airport in Iran at 6:12am on its scheduled flight to the Kviv International Airport, Ukraine. A few minutes after takeoff, the Boeing 737-800 aircraft crashed into farmland outside of Tehran, killing all 176 passengers and nine crew members on board. Of those, 57 were Canadians.

Howie, Sacks & Henry LLP’s experienced and knowledgeable personal injury lawyers have developed expertise in representing families of victims of international airplane accidents. Howie, Sacks & Henry LLP and Camp Fiorante Matthews Mogerman LLP are working together to represent families of the Canadian passengers who were on Flight PS752. Both law firms have lawyers and staff that can assist families in Farsi, and are available to meet with families across Canada, including British Columbia, Alberta and Ontario.

Contact Us To Learn More

One of Canada’s top peer-ranked personal injury law firms, Howie Sacks & Henry LLP has built its reputation on handling personal injury cases with the utmost compassion and professionalism. Partner Paul Miller, head of the firm’s mass torts and class actions group, is co-lead counsel along with Joe Fiorante QC of Camp Fiorante Matthews Mogerman LLP in the claim against Fly Jamaica for injures and losses sustained by its passengers on Flight OJ256, as well as co-lead counsel in the 2019 Ethiopian Airlines crash involving the Boeing 737 MAX 8 aircraft and the claim arising from the 2005 Air France crash at Toronto’s Pearson Airport.

Camp Fiorante Matthews Mogerman LLP represents victims of aviation accidents in Canada and internationally. The firm’s success is built on decades of careful, detailed investigation of the root causes of aviation cases. We understand aircraft technology and work closely with leading experts in failure analysis, aeronautical engineering, human factors, air navigation systems and aviation safety to examine all aspects of an accident.

If you have lost a loved one in the recent crash of Ukraine International Airlines Flight 752, contact our law firm as you may be eligible for compensation. We are now representing Canadian victims who may be affected by this tragedy, no matter where in Canada you are located.

Call us today at 1-647-796-0088 or email Paul Miller directly at pmiller@hshlawyers.com to discuss your rights vis a vis the Ukraine International Airlines Flight 752.

We have partnered with the Alberta-based firm Litco Law to assist victims in Calgary, Edmonton and throughout Alberta. Reach out to Litco Law at 1-844-Litco4U or visit their website for further details.