Canadian Law Firm Launches Ukrainian Airlines Flight Class Action

A Canadian law firm has launched a Ukrainian Airlines class action lawsuit concerning Flight PS752 that was shot down by Iranian missiles, leading to the death of all 176 people on board.

The law firm Himelfarb Proszanski, based in Toronto, said the New York based litigation funding company Galactic Litigation Partners LLC will fund the legal effort, subject to court approval. 

The class action is on behalf of the passengers and the passengers’ families. 176 people were on board at the time of the crash, including 15 children. Many of the passengers were Canadian or had ties to Canada – 138 passengers were reportedly returning to the country.

According to the law firm representing the plaintiffs in the class action lawsuit, the Ukrainian Airlines flight flew into Iran’s airspace despite a ban on civilian flights over Iran issued by the U.S. Federal Aviation Administration. Though the Ukrainian-based airline was not obligated to follow the ban, many other airlines rerouted or cancelled their flights, including Austrian Airlines, Air France, Air India, and Turkish Airlines.

“Flight PS752 departed despite the known risks,” the law firm said in a statement about the Ukrainian Airlines Flight class action lawsuit. 

Initially, Iran blamed engine failure for the Ukrainian Airlines Flight PS752; however, further investigation revealed that the Islamic Revolutionary Guard Corps mistakenly shot a missile at the plane. In a tweet, Iranian President Hassan Rouhani called it an “unforgivable mistake”.

The Ukrainian Airlines flight took off from Tehran and was reportedly shot down shortly after takeoff. The plane crashed into a residential area. In the wreckage, remnants of Russian made Tor-M1 missiles were found.

Iran had recently retaliated against the United States by firing missiles at U.S. bases in neighboring Iraq over the assassination of an Iranian General the week before.

After admitting that the plane had indeed been targeted by Iranian missiles, Iran’s government explained that it had expected the U.S. to retaliate over the base attacks and had primed their military branch, the Islamic Revolutionary Guard.

According to a report by The Guardian, a missile operator made a split second decision to fire missiles at the Ukrainian Airlines flight, unsure if it was a passenger plane or a U.S. missile. He chose incorrectly.

Prime Minister Justin Trudeau has stated that, “Iran must take full responsibility” and “we expect Iran to compensate these families.”

Trudeau has pledged $25,000 to the families of each Canadian citizen or permanent resident killed in the downing of the Ukrainian Airlines flight.

The Ukrainian Airlines flight class action lawsuit names Iran, the Islamic Revolutionary Guard, and Ukrainian Airlines as defendants. The lawsuit has not yet been certified by a Canadian court.

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The plaintiffs are represented by Himelfarb Proszanski.

Galactic Litigation Partners LLC will fund the litigation, subject to court approval.

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