Iran Rejects Canada’s Flight PS752 Class Action Lawsuits

Claiming that Canadian courts do not have jurisdiction, Iran has reportedly rejected a pair of proposed Flight PS752 class action lawsuits filed in the aftermath of the downing of the plane in January of this year.

CBC News reports that a spokesperson for Iran’s foreign minister issued the following statement regarding the class action lawsuits:

“[T]he Canadian court has no jurisdiction…judicial proceedings will be conducted inside Iran.”

CBC News also reports that, according to one of the lawyers representing the plaintiffs in one case, this rejection may actually help their cause. According to the lawyer, if Iran refuses to defend the case, the court may be able to issue a default judgment in favor of the plaintiffs and Class Members.

“I would prefer if Iran would defend the claim,” lawyer Mark Arnold told CBC News reporters. “If they did, we would have access to all of their documents surrounding this terrible tragedy.”

“If they don’t defend, they are deemed under the procedural rules in Ontario to admit the truth of all the facts set out in the claim,” he continued. “The truth of the facts are that we allege that the shooting of two missiles at this aircraft is an act of terrorism.”

Iran has until Oct. 30, 2020 to submit its defense in each class action lawsuit Canada.

Flight PS752 Reportedly Downed by Iranian Missile

On Jan 8, 2020, Ukrainian Flight PS752, carrying 176 people, including many Canadians, crashed shortly after takeoff from the Iranian capital of Tehran. There were no survivors.

The crash occurred in the midst of increasing tensions between the Iranian and U.S. governments, including the launching of missiles by Iran at U.S. targets. Iran reportedly blamed the crash on engine failure, according to initial reports. However, evidence that the Iranian military fired a missile at the passenger plan was uncovered.

Two Flight PS752 Class Action Lawsuits Filed

After the crash, a pair of Flight PS752 class action lawsuits were filed against Iran.

One named the Islamic Revolutionary Guard and Ukrainian Airlines, in addition to Iran, as defendants. The complaint alleges that the airline failed to delay or cancel the flight, despite a ban on civilian flights over Iran issued by the U.S. Federal Aviation Administration. Though Ukrainian Airlines was not obligated to comply with the ban, the plaintiffs pointed out that many airlines rerouted or canceled their flights under U.S. guidance.

The other Flight PS752 class action lawsuit was filed by an immediate family member of one of the crash victims. The complaint alleged that Iranian military deliberately shot the missile at the aircraft and contends that Iran’s government acted “recklessly, wantonly and in a high-handed manner.” The plaintiff in this Flight PS752 class action lawsuit Canada is seeking $1.5 billion in damages on behalf of victims and their families for alleged violations of the Justice for Victims of Terrorism Act and other damages.

Ottawa Serves Complaints Months Later

The National Post reports that Ottawa served Iran with the Flight PS752 class action lawsuits eight months after the crash. The complaints were reportedly filed with Iran’s foreign affairs ministry by the federal government.

The move came after delays that reportedly concerned the lawyers for each group of plaintiffs. Mark Arnold, a lawyer representing one group, reportedly complained about the delay in court, concerned that continued negotiations between Canada and Iran were pushing back service. However, federal lawyers blamed the pause on COVID-19, not diplomatic relations.

Indeed, according to the website of Tom Arndt, one of the lawyers representing the plaintiffs in the other class action lawsuit Canada, the court continued to schedule and conduct hearings related to the litigation in March.

“We are encouraged that discussions at the government level are ongoing and are pleased that the Court is continuing to schedule and hear the Class Action despite the Covid-19 court closures,” stated the update to Class Members by Arndt. “A sign of the strength and resilience of the Canadian Court system and the importance it places on access to justice for its users.”

Both of the class action lawsuits are still seeking certification from a Canadian court. Arnold told National Post reporters that the likely next step would be for a court to look at the cases and pick one law firm to go ahead with a consolidated class action lawsuit Canada.

What do you think about the downed Flight PS752 class action lawsuits? Tell us your thoughts in the comments below.

The plaintiff and proposed Class in one of the class action lawsuits are represented by Mark H. Arnold of Gardiner Miller Arnold LLP and Jonah Arnold of Weinman Arnold LLP.

This Flight PS752 Class Action Lawsuit is Johns Doe v. Islamic Republic of Iran, et al., Case No. CV-20-00635078-00CP, in the Ontario Superior Court of Justice, Canada.

The plaintiffs in the other proposed class action lawsuit are represented by Tom Arndt and Himelfarb Proszanski.

This Flight PS752 Class Action Lawsuit is Omid Arsalani v. Islamic Republic of Iran et al., Case No. CV-20-00634770-00CP.

Read More Lawsuit & Settlement News:

Joliette Residents Demand Street Names Changed Amid Sexual Assault Class Action Lawsuit

Quebec Premier François Legault Implements Face Mask Fines

Long-Term Disability Lawyer | Insurance Claim Denial Help

Canada Roundup Glyphosate Cancer Class Action Lawsuit Investigation