The appellant, an Iranian citizen who later immigrated to Canada, brought a civil action in Ontario against the Islamic Republic of Iran for damages arising from his abduction, imprisonment, and torture by Iranian state agents in Iran.
Iran did not defend the action.
The Court of Appeal upheld the dismissal of the action, finding it was barred by the State Immunity Act.
The Court held that none of the statutory exceptions to state immunity applied, including the commercial activity and tort exceptions.
Furthermore, the Court concluded that neither Canada's treaty obligations nor customary international law required Canada to provide a civil remedy against a foreign state for torture committed abroad, and that the State Immunity Act did not violate section 7 of the Charter.
