Canadian Court Makes Decision on Ukrainian Airline Incident
The aircraft, carrying 176 passengers including 55 Canadians and 30 permanent residents, was struck by two Iranian missiles shortly after departing Tehran.
Iran claimed that the Islamic Revolutionary Guard Corps mistakenly believed the plane posed a threat and consequently fired upon it.
A separate Canadian court ruled last year that the airline acted negligently by failing to conduct an adequate risk evaluation for operating a flight in or near a conflict zone.
According to the international Montreal Convention, families are eligible to claim damages up to $180,000, with the potential for higher amounts if the airline is found to be at fault.
This latest ruling prevents the airline from capping the amount of compensation paid to the victims’ families, while rejecting the airline’s challenge to the prior court decision.
Joe Fiorante, representing some of the families, expressed approval of the verdict.
“The ruling of the Court of Appeal brings a small measure of justice for the families,” Fiorante stated in a message released by a news agency.
Meanwhile, the families are also pursuing reparations from Iran, where authorities acknowledged the plane was mistakenly shot down.
Five years post-crash, Global Affairs Canada reported that Iran has not yet accepted full legal accountability for the tragedy.
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