B.C. bombing victim can argue for share of Iran鈥檚 Canadian assets in U.S. lawsuit, court rules
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TORONTO 鈥?The first Canadian to make use of a new law that allows victims to sue state sponsors of terrorism will be allowed to intervene in a case that threatens to hand Iran鈥檚 assets to Americans, leaving her with nothing.
The Ontario Court of Appeal ruled Friday that Dr. Sherri Wise, a Vancouver dentist injured by Palestinian suicide bombers, can make arguments in the case of [url=
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The appeals court wrote in its decision that a lower court judge had 鈥渕ischaracterized the nature of the case鈥?when he denied Dr. Wise鈥檚 application for intervener status, and that 鈥渋mportant public issues are at play.鈥?
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Last year, the government enacted the Justice for Victims of Terrorism Act, which permits those harmed by terrorism to seek damages from the state sponsors of their attackers. Dr. Wise was badly wounded by Hamas, which is financed, trained and armed by Iran.
Two weeks ago, she launched a lawsuit against Iran under the JVTA. But before her case was filed, several Americans went to the Ontario courts to collect [url=
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The family of Ms. Bennett is seeking $17-million, while another American terror victim is trying to collect $300-million. The Department of Foreign Affairs has identified about $2.6-million worth of Iranian state assets in Canada, meaning the U.S. claims would leave nothing for Canadian victims.
鈥業mportant public issues are at play鈥?
Mark Freiman, Dr. Wise鈥檚 lawyer, wants to argue that the U.S. cases were not filed within the two-year limitation period and should therefore be struck. The appeals court agreed that Dr. Wise had an interest in the outcome of the U.S. case and could make a useful contribution to it.
鈥淭he JVTA is new legislation, enacted with the important public objective of impairing the function of terrorist groups,鈥?the trio of judges wrote. 鈥淚ts interpretation is a matter of first instance. No other party seeks to make the arguments that the appellant advances, especially the limitation period argument.鈥?
The case returns to court Oct. 31.
Dr. Wise was in Jerusalem to volunteer at [url=
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National Post
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