#CompensationOfFamilyMembers; KilledInFlightPS752; #InternationalAviationlaw
Ottawa, Jan 13 (Canadian-Media): There is a likely entitlement to monetary compensation of he family members of those killed on Flight PS752 under international aviation law, said the lawyers, or through a comprehensive settlement with the government of Iran, media reports said.
"A full and complete investigation must be conducted," said Prime Minister Justin Trudeau on Saturday, "Families are seeking justice and accountability and they deserve closure."
Three main avenues for family members to achieve financial compensation, said the lawyers were: through civil action, through the International Court of Justice, or through international diplomacy.
Vincent Genova, a Toronto lawyer who practices personal injury and aviation law, said the families of Canadian citizens and those with ties to Canada could most likely launch a civil action in a Canadian court against Ukraine International Airlines, by making a case that the airliner was negligent and should have cancelled the flight due to the security situation in the region.
Joe Fiorante, a Vancouver lawyer who specializes aviation law said people travelling to Canada on a one-way ticket or returning to Canada on a round-trip ticket would be covered by the Montreal Convention, an international treaty to which Canada and Ukraine are signatories and are entitled to provable damages up to an initial threshold of $232,000, without having to prove fault, but Iran is not.
A second possible avenue of compensation is that government of Canada could make a claim in that court against the government of Iran for reparations through the International Court of Justice, for victims' families and may be worked out through international diplomacy.
The Iranian government could come to an agreement with other governments involved, including Canada's, that would include compensation for the families of victims.