August 11, 2025 – The Ontario Court of Appeal has upheld a landmark decision holding Ukraine International Airlines (UIA) liable for the downing of Flight PS 752 in January 2020, which claimed the lives of 21 passengers represented by CFM Lawyers and Howie Sacks & Henry.
The Court confirmed that UIA was negligent in failing to properly assess the risks of flying out of Tehran during a period of heightened military tension, and therefore must pay full compensatory damages to the victims’ families – well beyond the $180,000 USD per passenger limit set out under the Montreal Convention.
“This is an important result for our clients who lost loved ones in the downing of Flight 752,” says Joe Fiorante, KC. “The ruling brings a small measure of justice for the families.”
Paul Miller described the decision “a landmark in the world of aviation,” noting that it sends a clear message to airlines: open airspace cannot be assumed to be safe airspace, especially near conflict zones.
This is the first time a court has ruled on such an issue, setting a precedent that will shape how airlines evaluate safety risks in conflict areas going forward.
