The tragic loss of all those onboard Ukrainian International Airline Flight 752 raises questions about who will compensate the families of the passengers. At time of writing, there is evidence suggesting that a surface to air missile launched by the Iranian military led to the plane coming down.
It is understandable that there are calls for the Iranian Government to compensate the victim’s families. Whether there will be ever any recovery for victims from the Government of Iran is highly doubtful given the inadequacy of international treaties and also the reality of somehow forcing Iran pay any monetary award.
Perhaps the only way that victim’s families will receive compensation is from the airline- Ukrainian International.
Canada is a signatory to the Montreal Convention. Ukraine is also a signatory. The purpose of the Montreal Convention is to bring uniformity to the law around the world as to when passengers will qualify for compensation, how much compensation they will receive and in which country they can bring a claim against an airline when they sustain injury or are killed while traveling internationally.
In the case of Flight 752, it would appear that many passengers were on a Tehran- Kiev and then Kiev-Toronto itinerary. Likely many had purchased round trip tickets from Toronto-Kiev-Tehran and then Tehran-Kiev-Toronto. The final destination on a round trip or one way ticket qualifies as one of the jurisdictions where legal action can be pursued.
For those passengers who had Toronto as the final destination on their ticket, their families can pursue a claim against Ukrainian International in a Canadian court. Others may alternatively qualify to bring a claim in a Canadian court if the deceased made their permanent residence in Canada.
If you have any questions please contact Paul Warnett at Warnett Hallen LLP at pwarnett@warnetthallen.com or 604-737-3300.
