Ontario’s Superior Court has ruled that the shooting down of Ukrainian Airlines Flight PS752 by Iran on January 8, 2020, had been a deliberate act and is considered an act of terror.
All 176 passengers and crew on board the plane were killed including 63 Canadian nationals.
“The plaintiffs have established that the shooting down of Flight 752 by the defendants was an act of terrorism and constitutes ‘terrorist activity,” said Justice Edward Belobaba.
Belobaba reasoned that the incident is considered a terrorist act under the State Immunity Act, the Justice for Victims of Terrorism Act, and the Criminal Code based on the evidence gathered.
Mark Arnold, who represented that plaintiffs said that Iranian assets in Canada and internationally, including oil tankers, could potentially be seized as a result of the ruling.
“We will be looking internationally to seize whatever it is we can seize once we have a determination of what the level of compensation is,” said Arnold.
Iranian foreign ministry spokesman Saeed Khatibzadeh said the ruling lacked basis and legitimate evidence and was politicized.
“We want the Canadian government to exhibit the behavior of a government that boasts maturity, and behave based on recognized international frameworks instead of pretending to be active in relation to this tragic incident,” said Khatibzadeh.
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