The Ontario Superior Court of Justice has ruled that the families of Flight PS752 victims cannot seize certain properties or bank accounts on Canadian soil because the federal government considers those assets the property of the Islamic Republic of Iran protected under international law, CBC News reported.
Last year, the provincial court awarded $107 million, plus interest, to the families of five people who died when a Ukrainian airliner onboarded Flight PS752 was unintentionally shot down by the Iranian air defense due to a human error three years ago in a tragic incident in the south of Tehran.
Ever since, lawyers representing the families have been looking to seize Iranian assets in Canada for compensation. The lawyers argued that Iran's rights to diplomatic immunity ended a decade ago when Canada expelled Iranian diplomats from the country.
The families were seeking the court's permission to seize three properties in Ottawa and withdraw money from bank accounts at the Royal Bank of Canada and Scotiabank maintained by Iran.
The Canadian government issued a certificate during a court proceeding in March arguing that under international law, the court doesn't have the power to allow the families to seize the Iranian assets. The certificate said Iran continues to "enjoy the privileges and immunities," according to the ruling.
In a decision issued Tuesday, Ontario Superior Court Justice Grant Dow sided with the federal government and dismissed the families' motion.
The Ukrainian airplane carrying 176 people crashed on January 8, 2020, shortly after takeoff from Tehran's Imam Khomeini airport, killing all onboard.
The incident happened at a time of heightened tensions between Iran and the United States following the assassination of anti-terror commander Lt. Gen. Qassem Soleimani. Shortly after the incident, the Islamic Revolutionary Guard Corps (IRGC) announced that "human error" had led to the plane being shot down with two ground-to-air missiles.
The 3rd anniv. of unintentional downing of the Ukrainian Boeing 737 was commemorated in a ceremony last Sunday in Shahryar county in the south of the Iranian capital with the participation of families of martyred passengers.
MNA/PR