Flight PS752 kicked off a series of successful lawsuits for victims of terror after the Ontario courts ruled the shooting down of the flight was intentional act of terrorism.
On May 20, 2021, the Ontario Superior Court ruled that Iran’s Islamic Revolutionary Guard Corps (IRGC) intentionally shot down Flight PS752, killing 176 people. The court found, on a balance of probabilities, that the attack was deliberate and constitutes an act of terrorism under the Justice for Victims of Terrorism Act (JVTA).
Subsequently, in January 2022, the court awarded $107 million in damages to the families of six Canadian victims. This landmark decision marked the first time Canadian courts awarded compensation under the JVTA.
Additionally, in 2017, the Ontario Superior Court ordered the seizure of Iranian non-diplomatic assets in Canada, valued at approximately $28 million, to satisfy judgments in favor of American victims of Iran-sponsored terrorism. These judgments were recognized and enforced in Canada under the JVTA, demonstrating the act’s effectiveness in holding state sponsors of terrorism accountable and providing redress to victims.
Evidence of Intentionality
Key reports and experts cited in Justice Edward Belobaba’s decision (Zarei v Iran, 2021 ONSC 3377) include:
- Iran’s Foreign Minister Javad Zarif, caught in a leaked audio admitting that a deliberate attack was “not at all unlikely”.
- Ralph Goodale’s report, commissioned by the Canadian government, which rejects Iran’s claims of human error.
- UN Special Rapporteur Agnès Callamard, who questioned Iran’s explanation and found evidence of recklessness.
- Dr. Bahman Jeldi (Canadian Society for Persian Studies) and Alireza Nader (FDD), who concluded that the IRGC knew PS752 was a civilian aircraft and deliberately targeted it.
