Iran intentionally shot down Passenger Flight PS752 in ‘an act of terrorism,’ Ontario court rules

Remember how the Left blamed President Trump for this terror attack? Iran is an enormous threat to the stability of the world. The JCPOA (Iran Nuclear Deal) does not put any limitations on Iran’s terror activities. And if Iran has the ability to manufacture nukes in the future, they may be able to achieve immunity to any response against their terror activities. Sadly, the Biden Administrations will continue the nuke negotiations with Iran in the weeks ahead. It’s insanity.

“The Islamic Revolutionary Guard Corps (IRGC) shot down the Ukraine International Airlines flight with two surface-to-air missiles shortly after takeoff in Tehran on Jan. 8, 2020, killing all 176 passengers onboard. There were 138 passengers onboard with ties to Canada, including 55 Canadian citizens and 30 permanent residents.”

Iran intentionally shot down Flight PS752 in ‘an act of terrorism,’ Ontario court rules

Canada will soon enter into negotiations with Iran on reparations for the victims’ families

By CBC, January 3, 2022

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Ontario’s Superior Court of Justice has ruled that the shooting down of Flight PS752 by Iran was an intentional act of terrorism.

The Islamic Revolutionary Guard Corps (IRGC) shot down the Ukraine International Airlines flight with two surface-to-air missiles shortly after takeoff in Tehran on Jan. 8, 2020, killing all 176 passengers onboard. There were 138 passengers onboard with ties to Canada, including 55 Canadian citizens and 30 permanent residents.

“The plaintiffs have established that the shooting down of Flight 752 by the defendants was an act of terrorism and constitutes ‘terrorist activity’…”Justice Edward Belobaba wrote in his decision issued Thursday.

“I find on a balance of probabilities that the missile attacks on Flight 752 were intentional and directly caused the deaths of all onboard.”

Iran did not defend itself in court to refute the plaintiff’s evidence, making this a default judgment.

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Belobaba said based on evidence from the plaintiffs and the balance of probabilities, the incident is considered a terrorist act under the State Immunity Act, the Justice for Victims of Terrorism Act and the Criminal Code.

The federal government plans to release its own forensic analysis with its own findings of fact about the tragedy which is expected expected to hold more weight, say legal experts.

The suit’s defendants include Iran, the country’s armed forces, Iran’s Revolutionary Guard Corps and Supreme Leader Ali Khamenei.

The court decision is a way for victims’ families in Canada to seek damages from Iran for the death of their loved ones.

Iran was served the claim in the fall of 2020 and was noted in default last December. The justice said the plaintiffs are entitled to default judgment on liability. Another court hearing will take place to determine compensation.

Litigation lawyer Mark Arnold is representing four families who lost children, nieces, spouses and nephews. The case was filed by Shahin Moghaddam, Mehrzad Zarei and Ali Gorji. Another plaintiff is unnamed over fear of reprisals from Iran.

Arnold told David Common, host of CBC News Network’s Power & Politics, that there are Iranian assets in Canada and internationally that he would try to seize, including oil tankers.

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“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,” he said.

He also said his clients want justice and their day in court in front of an impartial judge.

But lawyer and human rights activist Kaveh Shahrooz said while today’s ruling is welcome news for the families, the next challenge they will face is finding Iranian assets in Canada or enforcing the judgment in other jurisdictions.

“It is my hope that this decision does not prevent Canada’s government from pursuing this case in international fora like the International Court of Justice,” said Shahrooz. “And I hope such a court wouldn’t view this case as a replacement for an international judgment that finds Iran responsible for the killing of 176 innocent people.”