Case Notes: S. et al. v. Ukraine International Airlines JSC and the Montreal Convention’s Article 21(2) Defences

In S. et al. v. Ukraine International Airlines JSC (2024 ONSC 3303), the Ontario Superior Court held the airline failed to prove, on a balance of probabilities, pursuant to Article 21(2) of the Montreal Convention, it was not negligent in operating Flight PS752 that departed Tehran’s Imam Khomeini International Airport (IKA), Iran on 8 January 2020. Whereafter, Flight PS752 was shot down by surface to air missiles fired by Iran’s Islamic Revolutionary Guard Corps (IRGC).