The appellants obtained judgments in the United States against the Islamic Republic of Iran and its agencies for kidnapping, detention, and torture.
They brought an action in Ontario to enforce those judgments.
The motion judge dismissed the action on the basis that the defendants were immune from jurisdiction under the State Immunity Act.
On appeal, the appellants argued that the acts constituted commercial activity, that a common law exception applied, and that the defendants lost immunity by violating jus cogens norms.
The Court of Appeal dismissed the appeal, finding that the State Immunity Act is a complete code, the acts were not commercial, and customary international law does not recognize a jus cogens exception to state immunity.
