Millars law has served the London and Greater London community for over 10 years. London is our home, and it has come as grave and devastating news that 6 members from our community lost their lives in the unfortunate Ukraine Airline crash in Iran.
Although these families are still in the process of mourning, we wanted to take the time to point out that these families, as well as any other Canadians affected by this tragedy, are eligible for compensation under the Montreal Convention – An International Aviation Law. Article 17 of the Convention says:
“The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking”.
Do the Canadian Courts Have Jurisdiction to Deal With Compensation?
As per Article 33 of the Convention, families of these victims are eligible to file claims in Canada. Wherein, the Canadians courts will have the jurisdiction to decide on these claims. These families are also eligible to file their claims in Iran and also in Ukraine – principal place of the airline business. But it will be convenient and more comfortable for them to file their claims in Canada.
Is There Any Limitation Period For Initiating A Claim?
As per Article 35 of the Convention, the right to damages shall be extinguished if an action is not brought within a period of 2 years from the date of the incident.
How Much Compensation is Available?
Under the Montreal Convention, the victim’s family is eligible to claim damages up to a maximum of about $230,000 – based on the circumstances of the claimant. However, if the claimant can prove beyond this maximum amount, the carrier shall have to pay in excess, unless the carrier can show that it was not guilty of negligence in causing the death of the victim.
Who Is To Be Blamed for Negligence – Ukraine Airline or Iran?
Although Iran has now officially acknowledged its negligence, the claimant can still agitate the airline’s negligence. This is because the airline was operating in the Iranian Jurisdiction under the circumstances when Iran was in the mode of War with the U.S. If the claimant is successful in proving Ukraine Airline’s negligence, its insurance provider has to pay for airline’s negligence beyond the maximum threshold.
How Are the Damages Calculated?
Calculation of the damages involves a list of factors – whether there are any dependants of the victims, whether the victim was working or was a student etc. In order to get maximum benefits, the victim’s family should consider involving other parties also. The only legal issue, which can crop up, is that Iran is not a signatory to the Montreal Convention.
Millars Law cares about its community and is not afraid to stand up to the bullies. Please contact us for a FREE consultation if you or someone you know was affected by this tragedy.
(519) 657-1LAW or Info@millarslaw.com
By: Nasar Iqbal