The case reached Ontario through the Justice for Victims of Terrorism Act and the State Immunity Act
The Ontario Superior Court of Justice has granted a request for default judgment to recognize and enforce a United States District Court judgment against Iran for its role in the 1996 Khobar Towers bombing in Dhahran, Saudi Arabia.
The towers were a residential complex that housed, among others, American service members. Dozens of people, including nineteen American service members, were killed by the blast, and hundreds more were injured. The force of the explosion was the equivalent of 20,000 pounds of TNT, which was found to be the largest non-nuclear explosion in history up to that time.
The attack has been the subject of legal proceedings for years. The plaintiffs, survivors of the bombing and their close family members, sued the defendants in the US District of Columbia as a result of harm and injuries they suffered as a result of the bombing.
On September 10, 2018, the US District Court granted a default judgment for the District of Columbia. The court found that the defendants were responsible for the explosion, having planned the operation, recruited individuals to carry it out, assembled the truck bomb, and directed and assisted the bombing. The court held the defendants jointly and severally liable to pay compensatory damages for US$104,700,000 to 39 of the 40 claimants. Because the 40th plaintiff was neither present at the bombing nor a member of a victim’s immediate family, his claim was dismissed.
Before the Ontario Superior Court of Justice, the plaintiffs sought the enforcement of the US judgment awarded in 2018. The Ontario court ultimately recognized the US judgment in Canada, affirming the sum of US$93,450,000 to be paid to the claimants.
This case was brought to the Ontario Superior Court under the Justice for Victims of Terrorism Act (JVTA) and the State Immunity Act (SIA), highlighting the legal mechanisms available in Canada for pursuing justice against foreign states that sponsor terrorism.
The court meticulously reviewed the criteria for recognizing and enforcing a foreign judgment, including the jurisdiction of the U.S. court, the finality and conclusiveness of its judgment, and the absence of defences such as fraud, public policy, or lack of natural justice. The court emphasized the importance of holding perpetrators accountable, providing a measure of solace and closure to the victims and their families.
The court ordered Iran to compensate the plaintiffs according to the US judgment, converting the awarded amounts into Canadian currency. Additionally, the court awarded costs of $48,199.61 to the plaintiffs, inclusive of taxes and disbursements.
