A Canadian court has ruled that Iran should pay $83 million in compensation to the families of six victims killed onboard Ukraine International Airlines flight PS752. Ontario’s Superior Court issued the default judgment on December 31st, although it is unclear how damages will be collected from Iran.

$83 million in compensation awarded

After the tragic downing of Ukraine International Airlines flight PS752 in January 2020, the families of six individuals onboard opened up a civil lawsuit against Iran. In a decision made public on Monday, Ontario’s Superior Court has awarded those families $83 million in compensation.

Justice Edward Belobaba awarded CAD$7 million ($5.5 million) in compensatory damages in addition to CAD$100 million ($78.5 million) in punitive damages, plus interest.

Judge Belobaba said,

"This court well understands that damage awards are a poor substitute for the lives that were lost."

UR-PSR was shot down by Iranian military forces in January 2020 Photo: LLBG Spotter via Wikimedia Commons

A statement from the families' lawyers celebrated the decision as "unprecedented in Canadian law."

In May, Ontario's Superior Court deemed the tragedy as a "terrorist act". Justice Belobaba stated that, "on a balance of probabilities... the missile attacks on Flight 752 were intentional and directly caused the deaths of all onboard." At the time, plaintiffs had requested compensation to the tune of $1.2 billion.

Iranian military forces fired two air-to-surface missiles at the UIA Boeing 737-800 just minutes after it took off from Tehran Imam Khomeini International Airport (IKA) en route to Kyiv Boryspil International Airport (KBP) in Ukraine.

11 Ukrainians (two passengers and nine crew members) were killed. Other passengers killed included citizens of Iran, Canada, Sweden, Afghanistan, Germany, and Great Britain. Photo: Getty Images

All 176 individuals onboard were killed, with over 100 possessing Canadian citizenship or residency. Iran initially denied shooting down the jet before making an admission a few days later.

Iran's Revolutionary Guard claimed the missiles were fired after the commercial liner was mistaken for a US cruise missile, with Iran on high military alert after the recent drone strike assassination of General Qassem Soleimani. The country has since indicted 10 people for the shooting.

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Unclear path to reparations

Despite the compensation ruling, it isn't clear how exactly Iran will be made to pay up as Ontario’s Superior Court does not wield international jurisdiction.

Judge Belobaba said,

"[I am] satisfied that some level of enforcement may well be possible and some level of deterrence may well be achieved."

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Families of the victims filed for $1.2 billion in compensation. Photo: Getty Images

One possible course of action is to seize Iranian assets in Canada and around the world. Whether or not full reparations are recovered, the ruling will bring symbolic meaning to the victims' families who have condemned Iran's lack of accountability.

Belobaba added,

"Viable Iranian-owned assets and investments remain accessible not only in Canada but worldwide."

Iran offered to pay $150,000 per victim

In December 2020, Iranian authorities passed a bill offering to pay "$150,000 or its equivalent in euros to the families of each of the victims."

Iranian authorities have previously dismissed the legitimacy of Ontario's Superior Court. Photo: Getty Images

Responding to the Ontario Superior Court's designation of the downing as a terrorist act in May, Iranian authorities dismissed the ruling as 'baseless' and questioned the court's jurisdiction on the matter.

What are your opinions on the Ontario Superior Court's ruling? Do you see the full compensation sum being recovered? Let us know your thoughts in the comments.