Legal Victory for the Association of Families of Flight PS752 Victims

Lead by

Eric Sherkin

Partner

Toronto

On November 27th, 2024, the Ontario Superior Court dismissed a lawsuit brought against the not-for-profit Association of Families of Flight PS752 Victims (“the Association”) by one of its members, Mehrzad Zarei. The Court’s decision vindicated that the Association had not acted improperly or oppressively towards Zarei, and that it had acted lawfully and fairly in respect of Zarei’s complaints.

The Association was formed in the wake of the downing of Ukraine Airlines Flight PS752 on January 8, 2020, when the flight was shot down by two Iranian surface-to-air missiles, killing everyone on board. The tragedy attracted significant global and geopolitical attention, and was the largest loss of Canadian lives in aviation since the infamous Air India bombing of 1985. The Association was founded by family members of the victims, with a tripartite mission: to seek truth and justice for the victims, to provide a community for support for the victims’ families, and to honour the memories of those lost. It has held rallies and memorial events attended by many dignitaries including the Prime Minister, campaigned to have those responsible brought before international tribunals, and collaborated with the United Nations, among other activities.

The Applicant, Zarei, is a member of the Association. He is also a plaintiff in a civil action against the Iranian government (and related entities) in which the Association was not involved. Zarei made certain demands of the Association that went above and beyond what a member of a not-for-profit corporation is entitled under Canadian law, including that the Association provide financial support for his lawsuit. The Association provided Zarei with all disclosure to which he was authorized to receive but refused to provide anything further, or to financially support his private lawsuit. Unsatisfied with this decision, Zarei sued the Association, claiming that the Association’s decision amounted to oppressive conduct at law.

The court ruled that the Association’s decision was proper and lawful, noting that Zarei could not have a reasonable expectation to receive documents to which he was not legally entitled. The court further noted that Zarei, as a member of the Association, had an opportunity to present any proposal for the membership to consider at the Association’s annual general meetings, but had chosen not do to so (or to even attend the two most recent AGMs).

Justice Papageorgiou praised the Association’s democratic governance and its vital work over the past five years, including supporting the families of victims, organizing memorials, and collaborating with global human rights organizations to seek justice. This ruling marks a crucial legal victory for the Association and strengthens the governance of non-profit organizations in Canada.