Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41067
Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased, et al. v. Islamic Republic of Iran, Islamic Revolutionary Guard Corps, also known as Army of the Guardians of the Islamic Revolution also known as Iranian Revolutionary Guard Corps, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-06-14 | Close file on Leave | |
| 2024-05-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-30 | Judgment on leave sent to the parties | |
| 2024-05-30 |
Judgment of the Court on the application for leave to appeal, The intervener’s motion for an extension of time to serve and file the response is granted. The intervener’s motion for substituted service deeming the respondents to have been served with the response is granted. The intervener’s motion to serve and file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0095, 2023 ONCA 713, dated October 27, 2023, is dismissed. Dismissed |
|
| 2024-05-30 |
Decision on motion for substitutional service, See decision on application Granted |
|
| 2024-05-30 |
Decision on motion to extend time, See decision on application Granted |
|
| 2024-05-30 | Decision on motion to file a lengthy memorandum of argument, See decision on application | |
| 2024-04-15 | Submission of motion for substitutional service, for consideration by the Court | |
| 2024-04-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-15 | Submission of motion to extend time, for consideration by the Court | |
| 2024-04-15 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2024-02-29 | Motion for substitutional service, (Book Form), (Included in the motion to file a lengthy memorandum of argument), Completed on: 2024-05-23 | Attorney General of Canada |
| 2024-02-29 | Motion to extend time, (Book Form), (Included in the motion to file a lengthy memorandum of argument), Completed on: 2024-03-01 | Attorney General of Canada |
| 2024-02-29 |
Motion to file a lengthy memorandum of argument, (Book Form), Missing: - Filing fee (Rec'd 2024-03-01) - Proof of service on the applicant (Rec'd 2024-03-01), Completed on: 2024-03-01, (Printed version filed on 2024-03-01) |
Attorney General of Canada |
| 2024-02-14 |
Supplemental document, (Letter Form), With regards to service 3 volumes |
Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2024-02-14 | Order on motion to substitutional service, by CHANTAL CARBONNEAU | |
| 2024-02-14 |
Decision on motion for substitutional service, Reg, UPON APPLICATION by the applicants for an order for substitutional service of the application for leave to appeal on the respondents, pursuant to Rule 20(10) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the respondents are deemed to have been served with the application for leave to appeal. Granted |
|
| 2024-02-14 | Submission of motion for substitutional service, Reg | |
| 2024-02-09 | Correspondence received from, Regarding party status and motions | Attorney General of Canada |
| 2024-02-02 | Motion for substitutional service, (Book Form), Completed on: 2024-02-02, (Printed version filed on 2024-02-07) | Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2024-02-02 |
Supplemental document, 2 Volumes In support of motion |
Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2024-02-02 | Certificate (on limitations to public access), (Letter Form), 23A | Attorney General of Canada |
| 2024-02-02 |
Intervener's memorandum of argument on application for leave, (Book Form), Missing: - Motion to serve and file a lengthy memorandum (Rec'd 2024-02-29) - Motion for an extension of time (Rec'd 2024-02-29), Completed on: 2024-02-29, (Printed version filed on 2024-02-09) |
Attorney General of Canada |
| 2023-12-28 | Correspondence received from, (Letter Form), Regarding proof of service | Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2023-12-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 12-28-2023 | |
| 2023-12-21 | Supplemental document | Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2023-12-21 | Notice of name, (Letter Form), (Printed version filed on 2023-12-27) | Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2023-12-21 |
Certificate (on limitations to public access), (Letter Form), 23A Amended Version Required, (Printed version filed on 2023-12-27) |
Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
| 2023-12-21 |
Application for leave to appeal, (Book Form), Missing: - Motion for substitutional service - Amended Notice of Application (rec'd 2023-12-28) - Filing fee (Rec'd 2023-12-29), Completed on: 2023-12-29, (Printed version filed on 2023-12-27) |
Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased | Applicant | Active |
| Shahin Moghaddam personally and on behalf of the Estate of Shakiba Feghahati deceased or as Personal Representative of Shakiba Feghahati deceased and on behalf of the Estate of Rosstin Moghaddam deceased or as Personal Representative of Rosstin Moghaddam | Applicant | Active |
| Ali Gorji personally and on behalf of the Estate of Pouneh Gorji deceased or as Personal Representative of Pouneh Gorji deceased and on behalf of the Estate of Arash Pourzarradi deceased or as Personal Representative of Arash Pourzarradi deceased | Applicant | Active |
| John Doe, Jane Doe, Bill Doe, and Sam Do | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Islamic Republic of Iran, Islamic Revolutionary Guard Corps, also known as Army of the Guardians of the Islamic Revolution also known as Iranian Revolutionary Guard Corps | Respondent | Active |
| Iranian Armed Forces, also known as Armed Forces of the Islamic Republic of Iran and Ali Khamenei, also known as Supreme Leader of Iran | Respondent | Active |
| Mohammad Bagheri, also known as Mohammad- Hossein Afshordi, Hossein Salami, Seyyed Asdolrahim Mousavi, and Amir Ali Hajizadeh | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| John Smith, Bill Smith, Sam Smith, Jane Smith, Mary Smith, Sally Smith, personally and on behalf of the Estates of their deceased family members or as Personal Representative of their deceased family members | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Islamic Republic of Iran, Islamic Revolutionary Guard Corps, also known as Army of the Guardians of the Islamic Revolution also known as Iranian Revolutionary Guard Corps | Respondent | Active |
| Iranian Armed Forces, also known as Armed Forces of the Islamic Republic of Iran and Ali Khamenei, also known as Supreme Leader of Iran | Respondent | Active |
| Mohammad Bagheri, also known as Mohammad- Hossein Afshordi, Hossein Salami, Seyyed Asdolrahim Mousavi, and Amir Ali Hajizadeh | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Mehrzad Zarei personally and on behalf of the Estate of Arad Zarei deceased or as Personal Representative of Arad Zarei deceased
Counsel
Jonah Arnold
390 Bay Street, Suite 1400
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: mark.arnold@gmalaw.ca
Party: Shahin Moghaddam personally and on behalf of the Estate of Shakiba Feghahati deceased or as Personal Representative of Shakiba Feghahati deceased and on behalf of the Estate of Rosstin Moghaddam deceased or as Personal Representative of Rosstin Moghaddam
Counsel
Jonah Arnold
390 Bay Street, Suite 1400
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: mark.arnold@gmalaw.ca
Party: Ali Gorji personally and on behalf of the Estate of Pouneh Gorji deceased or as Personal Representative of Pouneh Gorji deceased and on behalf of the Estate of Arash Pourzarradi deceased or as Personal Representative of Arash Pourzarradi deceased
Counsel
Jonah Arnold
390 Bay Street, Suite 1400
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: mark.arnold@gmalaw.ca
Party: John Doe, Jane Doe, Bill Doe, and Sam Do
Counsel
Jonah Arnold
390 Bay Street, Suite 1400
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: mark.arnold@gmalaw.ca
Party: John Smith, Bill Smith, Sam Smith, Jane Smith, Mary Smith, Sally Smith, personally and on behalf of the Estates of their deceased family members or as Personal Representative of their deceased family members
Counsel
Jonah Arnold
390 Bay Street, Suite 1400
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: mark.arnold@gmalaw.ca
Party: Islamic Republic of Iran, Islamic Revolutionary Guard Corps, also known as Army of the Guardians of the Islamic Revolution also known as Iranian Revolutionary Guard Corps
This party is not represented by counsel.
Party: Iranian Armed Forces, also known as Armed Forces of the Islamic Republic of Iran and Ali Khamenei, also known as Supreme Leader of Iran
This party is not represented by counsel.
Party: Mohammad Bagheri, also known as Mohammad- Hossein Afshordi, Hossein Salami, Seyyed Asdolrahim Mousavi, and Amir Ali Hajizadeh
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Jaqueline Dais-Visca
Department of Justice, National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 953-9546
FAX: (416) 952-4518
Email: christine.mohr@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Private international law — Diplomatic immunity — Judgments and orders — Enforceability — Whether the Court of Appeal erred in law when it dismissed the appeal for an order permitting the applicants to execute upon the property and bank accounts of the respondent, Islamic Republic of Iran.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants are the estates and family members of victims who were killed when Ukrainian Airlines flight PS752 was shot down by the Islamic Republic of Iran on January 8, 2020. The applicants obtained a default judgment against Iran for $107 million plus interest and costs in May 2021. The applicants then moved to enforce that judgment against certain properties and bank accounts of Iran in Canada.
The motion judge dismissed the applicants’ request finding that the Iranian property continued to enjoy diplomatic immunity under Canadian law. The appeal was dismissed.
Lower court rulings
Applicants’ motion to enforce judgment against respondents dismissed
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available