Case Notes: S. et al. v. Ukraine International Airlines JSC and the Montreal Convention’s Article 21(2) Defences - Air and Space Law View Case Notes: S. et al. v. Ukraine International Airlines JSC and the Montreal Convention’s Article 21(2) Defences by - Air and Space Law Case Notes: S. et al. v. Ukraine International Airlines JSC and the Montreal Convention’s Article 21(2) Defences 50 2

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).

Air and Space Law