The Ontario Superior Court of Justice has awarded carriage of the proposed class action to the Arsalani Plaintiffs. On January 8, 2020, UIA Flight PS752 took off hours after the IRGC fired and struck US bases in Iraq. Minutes after takeoff, IRGC missiles struck Flight PS752, causing it to crash to the ground. There were no survivors.
The proposed class action is on behalf of the passengers and the passengers’ families. It alleges the Islamic Republic of Iran, the Islamic Revolutionary Guard Corps (IRGC) (collectively the Iran Defendants) and Ukraine International Airlines PJSC (UIA) are liable in negligence: the Iran Defendants continued to operate and control the airport, aircraft and airspace in exchange for flyover fees after it launched missiles at the US military bases in Iraq and the UIA did not ground the Aircraft.
Regarding state immunity of the Iran Defendants, the Court agreed that state immunity is not absolute, it can be lifted in this case through the commercial activity exception.
In a lengthy and well reasoned decision, the Court reviewed the numerous carriage factors that favoured the Arsalani Plaintiffs. The Honourable Court awarded carriage to the Arsalani Plaintiffs finding “it is in the best interests of the class, having regard to access to justice, judicial economy, and behaviour modification.”
“We are grateful for this important court decision as we seek justice and compensation for our loved ones” said Omid Arsalani, whose sister, brother-in-law and niece perished on Flight PS752.
“With the help of our team, we will continue to work through the courts to seek justice and compensation” said Tom Arndt, of TWA Law, a leading class action lawyer representing the class members.
The Court found that third party litigation funding and indemnity were the most important factor favouring carriage to the Arsalani Action. The court previously approved the Galactic Funding Agreement in a decision released on September 21, 2020.
“We are prepared to go the distance with TWA Law as they prosecute the Arsalani Action to completion” said Fred Schulman, Chairman and CEO of Galactic Litigation Partners LLC.
Members of the proposed class action are encouraged to consult the case specific website regarding progress of the litigation: www.flightps752.ca
