Ontario’s top court has upheld a ruling that Ukraine International Airlines must pay full compensation to the families of passengers killed when Iran shot down Flight PS752 in 2020. But families say the ruling doesn’t diminish Iran’s responsibility.
The unanimous Ontario Court of Appeal decision leaves intact a 2024 ruling that found the airline negligent for allowing the flight to depart despite escalating military tensions in the region.
Just minutes after takeoff, two Iranian surface-to-air missiles struck the Boeing 737, killing all 176 people on board, including 55 Canadian citizens and 30 permanent residents. Many others had deep ties to Canada.
The case hinged on the Montreal Convention, an international treaty governing air travel. The convention caps airline liability at US$180,000 per passenger unless the carrier is found negligent, in which case full damages may be awarded.
Last year, an Ontario judge concluded that UIA failed to conduct a proper risk assessment before the flight left Tehran, falling short of the “standard of care” required under international law. That finding meant the airline could not rely on the treaty’s liability limit.
Families: Ruling doesn’t diminish Iran’s responsibility
The Association of Families of Flight PS752 Victims welcomed the decision but stressed that it does not absolve Iran or the Islamic Revolutionary Guard Corps (IRGC), which fired the missiles.
The group noted the ruling addresses only the airline’s responsibility for assessing conflict-zone risks, not Iran’s culpability in the attack.
They also highlighted that the lower court dismissed Iran’s official explanation — blaming “human error” — as implausible, calling its report flawed and contradictory.
Lawyers Paul Miller and Jamie Thornback, who represent some of the families, called the decision “a landmark.” In a joint statement, they said, “At a time of heightened conflicts around the world, the judgment sends a clear message to international airlines that open airspace cannot be assumed to be safe airspace. Airlines must exercise extreme caution and diligence when operating in or near a conflict zone.”
Accountability efforts continue in international courts
Separate legal proceedings against Iran remain underway at the International Civil Aviation Organization, the International Court of Justice, and the International Criminal Court.
Canada, along with the UK, Sweden and Ukraine, has pledged to continue pressing for accountability under international law, though those cases are expected to take years.
The ruling follows the Supreme Court of Canada’s 2024 decision not to hear an appeal from families seeking to enforce a $107 million default judgment against Iran. That effort was blocked after an Ontario court ruled Iranian assets in Canada were protected by diplomatic immunity.
The families said in a statement that they hope the ruling will help prevent similar tragedies in the future.
Netanyahu promised that if Iran “breaks free” from its leadership, Israel would send top water experts to help recycle and desalinate water, restoring rivers, lakes, and reservoirs.
“The thirst for water in Iran is only matched by the thirst for freedom,” he said, speaking with a full jug of water on the table as a prop to underscore his point.
“I urge you to be bold and brave … take risks for freedom, for your future, for your families … Take to the streets. Demand justice. Demand accountability. Protest tyranny. Build a better future for your families and for all Iranians,” he added.
In recent weeks, several cities have faced water shutoffs lasting up to 48 hours, while rolling blackouts have compounded the strain in peak summer heat. Key reservoirs are at critically low levels, with some including the Karaj, Lar, and Taleghan dams dramatically depleted compared to last year.
President Masoud Pezeshkian has warned that without immediate cuts to consumption, some dams could run dry by early autumn, deepening what is already a nationwide environmental emergency.
The address comes as Israel faces its own accusations of restricting access to clean water in Gaza — charges Netanyahu denies — and as he remains wanted by the International Criminal Court for alleged war crimes.
Hint of unfinished business
In a separate sit-down with Israel’s i24 News, Netanyahu described the June strikes that destroyed key elements of Iran’s nuclear and ballistic missile programs as historic and vowed to stop Tehran from rebuilding.
When an i24 reporter asked, “Don’t you sometimes feel like wishing to finish work there?” Netanyahu replied, “Yes, but I won’t go into the details of this. We are following this … with seven eyes … together with our American friends.”
Netanyahu also acknowledged that Iran still retains 400 kilograms of uranium enriched to 60% purity but said Tehran is not currently in a position to advance its nuclear program.
"They have 400 kilograms left. We knew in advance that it wouldn't be damaged. But it's a necessary condition but not sufficient to produce nuclear bombs."
That assessment stands in contrast to the view of former IAEA deputy chief Olli Heinonen, who told Eye for Iran in a recent interview that this amount of material—if further enriched to weapons-grade—could be enough for about ten nuclear bombs
It could be converted within days in a small, concealed facility if the expertise and equipment remain available, he added.
Netanyahu's predecessor, Naftali Bennett also shared a video message to Iranian people on Tuesday, saying, "Iran has a choice: it can choose to continue war or it can choose peace, the way of working together.
"The United States of America calls on Iran to immediately halt these executions, release all those unjustly detained, and end its campaign of repression against those seeking their fundamental freedoms," the State Department said in a post on its Persian-language X account.
The protests erupted nationwide in 2022 after the death of 22-year-old Mahsa Jina Amini in morality police custody after she allegedly violated hijab rules. Hundreds of demonstrators were killed and thousands arrested in a sweeping crackdown.
Demonstrator Mojahed (Abbas) Kourkour was hanged in June after what Amnesty International decried as a "sham" trial.
The rights group said he was subjected to enforced disappearance, tortured into making televised confessions and denied a lawyer during the investigation. His execution, it added, was "utterly appalling" and aimed to crush dissent and instill fear.
Six men face execution after being convicted of killing a member of Iran's domestic enforcement militia in Tehran in the 2022 protests. One of their lawyers said last week that Iran’s Supreme Court has yet to respond to their appeal.
Last week, two Kurdish brothers from western Iran — civil activist Amirali Zakerifard, 44, and his brother Emad — who were charged for their participation in the 2022 protests, were sentenced to a combined 65 years in prison and 148 lashes.
Rights groups say the charges include insulting Islamic sanctities and assembly and collusion against national security.
They say the recent wave of repression is not only linked to the Woman, Life, Freedom protests but has also intensified under the pretext of security following a June war with Israel, disproportionately targeting ethnic and religious minorities.
Between June 13 and August 10, the Center for Human Rights in Iran (CHRI) documented at least 58 arrests and eight new death sentences, including several people from Kurdish minority.
Since 2022, Iranian authorities have executed 11 people over the Woman, Life, Freedom protests, with many more at risk.
