06.10.2024
Ukraine International Airlines PS752 – Court Decision
On June 10, 2024, the Ontario Superior Court of Justice ruled that Ukraine International Airlines is legally responsible to pay full compensation to the families who lost loved ones in the downing of UIA Flight 752 in Iran in January 2020. The law firms of CFM Lawyers LLP, based in Vancouver, and Howie Sacks & Henry, based in Toronto, jointly represent the families of 21 passengers killed in the downing of Flight 752.
Flight PS 752, carrying Canadian citizens and permanent residents, was shot down over Tehran by the Iranian Revolutionary Guard in the early morning hours of January 8, 2020, at a time when military tensions with the United States were rapidly escalating. The Ontario Court found UIA was negligent for failing to conduct a proper assessment of the risks of operating the flight out of Tehran.
The judgment comes following an 18-day trial in Toronto that ended in January 2024. “This is an important result for our clients who lost loved ones in the downing of Flight 752”, says Joe Fiorante. “For the first time, the families now have complete answers to UIA’s role in this horrible tragedy”. The judgment means that under the Montreal Convention, the international law which governs the international carriage of passengers, UIA will not be able to limit the compensation payable to the families to $180,000 USD per passenger, but instead will be now obligated to pay full compensatory damages arising from the fatalities.
Plaintiff N.S. says “My family and I are overjoyed by the verdict of the court. After sitting in the courtroom for almost the entire trial, I am grateful for the hard work and effort that my lawyers from Camp Fiorante and Howie Sacks & Henry put into the trial. Joe, Jamie, Paul and Valerie have been a steadying force for me throughout the ordeal”.
Justice Jasmine Akbarali ruled that UIA’s negligence was grounded in the fact that hours before the departure of Flight 752, Iran had launched ballistic missiles against US forces in Iraq in retaliation for the assassination of IRGC leader General Soleimani and was on high alert for a counterattack.
“This verdict sends a strong message to international airlines that they must put the safety of their passengers first”, says Paul Miller. “Airlines must take proper measures to avoid operations in conflict zones.”
HSH and CFM took on the greatest responsibility in this proceeding for the plaintiffs. They led the lion’s share of the plaintiffs’ evidence and conducted many of the cross-examinations. Their efforts supported the efforts of other plaintiff groups, who would otherwise have had higher costs. As a result, the HSH and CFM plaintiffs have borne the brunt of the impact of the unwarranted positions that UIA took in the litigation. The two firms developed the key evidence and led the efforts at trial to successfully hold UIA responsible.
For additional information about the case and the judgment, please contact:
Joe Fiorante KC – [email protected] (604) 331-9521
Jamie Thornback- [email protected] (604) 331-9529
Paul Miller – [email protected] (416) 885-0452
Valérie Lord – [email protected] (416) 605-5363
A copy of the decision can be found here:
07.14.2022
Optical Disc Drive Price Fixing
This class action has been resolved. Make a claim now to share in the proceeds. Deadline to make a claim is November 14, 2022.
07.07.2022
Microsoft – Launch of Educational Voucher Phase of the Settlement Distribution
The claims period for consumers and volume licensees has closed and approved claimants across Canada will soon be receiving funds. Now over $100 million of the remaining settlement funds is being used to give students at K-12 schools and post-secondary institutions across Canada access to new computer hardware, software and related training.
Settlement funds will be distributed to Canadian educational institutions in the form of vouchers for new hardware and software. Some of the funds will go towards new hardware for K-12 schools, with a priority on underserved schools that would benefit from increased student access to computer learning. The rest of the funds will go towards new software for both K-12 schools and post-secondary institutions, prioritizing those which would benefit most from increased access to software. Institutions can also use their vouchers for professional development services to help teachers take full advantage of the new technology in their classrooms.
Eligibility for the school voucher program is being determined by an oversight committee of educators which will also monitor and report on the impact of the program. To launch the program, a small number of educational institutions across Canada were selected by the oversight committee to receive vouchers for the upcoming school year (starting September 2022). Distribution of vouchers to these institutions is underway. The remainder of the settlement funds will be made available for hardware and software vouchers for educational institutions across Canada later in 2022-23.
For further information about the vouchers for educational institutions, please visit the settlement website at: https://www.thatsuitemoney.ca/
05.09.2022
Lithium Ion Rechargeable Batteries Claims Process
The deadline to make a claim in this Class Action has now passed. Class Members who filed Undocumented Claims in this class proceeding have now received or will soon receive payment by cheque or Interac e-Transfer. Please check www.batteriessettlement.ca for regular updates on the expected timing of the payments.
02.10.2022
Gatos Silver, Inc. (TSX: GATO)
Gatos Silver Class action launched – view
10.13.2021
Credit Card Actions Certified for Settlement
The Credit Card Actions have been certified for settlement as against Royal Bank of Canada, The Toronto-Dominion Bank, Canadian Imperial Bank of Commerce, Bank of Montreal and The Bank of Nova Scotia. The settlement approval hearing will take place by video link as directed by the Courts on December 6, 2021.
09.15.2021
New Settlement: Resistors Class Action
A new settlement has been reached with Kamaya totaling $770,000.
09.01.2021
Birth Alerts Class Action launched
A proposed class action lawsuit has been filed against the Government of British Columbia (Ministry of Children and Family Development) regarding its establishment and operation of a system known as “birth alerts” or “hospital alerts”. Click below to learn more.
08.23.2021
New Settlements: Foreign Exchange Manipulation (ForEx) Class Action
New settlements have been reached with TD, RBC, Credit Suisse and Deutsche Bank totalling approximately $23.8 million.
08.17.2021
Lithium Ion Rechargeable Batteries Claims Process
This Class Action has been resolved. Make a claim now to share in the proceeds. Deadline to make a claim is December 17, 2021.
To learn more about the details of this class action, visit the page linked below.
