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The airplane, which was delivering a shipment of COVID-19 rapid tests, arrived at Pearson Airport on Feb. 27, 2022. On the same day, it was banned from departing as Canada announced the closure of its airspace to all Russian aircraft in response to Russia’s invasion of Ukraine.

Since then, the federal government added Volga-Dnepr Airlines LLC and Volga-Dnepr Group, the operators of the Russian-registered Antonov 124, to the sanction list, paving the way for an order to seize the airplane in June 2023.听

While Canada said it planned to surrender the plane to Ukraine as financial aid, little progress has been reported since. The Ministry of Foreign Affairs聽is in the middle of the legal process to claim ownership of the plane while juggling disputes filed by the Russian airline seeking to overturn the seizure, including a $100 million claim.听

While Global Affairs, Transport Canada and聽Public Services and聽Procurement Canada declined to say聽when the plane will be removed from Pearson or given to Ukraine, we asked some aviation experts to weigh in. Here’s what we know.听

Can the Russian airplane still fly?

To ensure the proper maintenance and operation of its equipment, the aircraft needs to be heated to prevent it from freezing, and the engine needs to be started regularly to check whether all systems are in play, said聽John Gradek, an aviation analyst and lecturer at McGill University.

It may not be in flyable condition after being unused for almost three years.听

“That airplane has to, in fact, be turned on and flown. It’s not happened for close to three years,” he said.听

If it can鈥檛 fly, this massive plane聽鈥� capable of carrying 150 tons of cargo聽鈥� cannot be transported without being disassembled,聽Gradek said.

The Antonov 124, a legacy of the Soviet Union, is primarily used for transporting oversized and heavy cargo. There are only three civilian operators left, Ukraine’s Antonov Airlines, Russia’s Volga-Dnepr Airlines and United Arab Emirates’ Maximus Air Cargo, meaning Canada does not have the infrastructure to support the aircraft’s maintenance.

“I’m not sure whether Ukraine is serious about repatriating the aircraft. It’s gonna cost a lot of money to basically bring this airplane into a flyable condition,”聽Gradek said.听

Public Services and Procurement Canada (PSPC) told the Star it has legal responsibilities to assess the condition of the asset and ensure proper maintenance during the management period.

But to “maximize the safety and security of the asset and personnel,” the procurement office said they will聽not disclose further information about the aircraft’s ongoing management.

Who’s paying for the parking fees?

The seized Russian aircraft is subject to the airport’s standard aircraft parking fee rate of $1,065.60 per day as long as it remains at the airport, The Canadian Press reported in 2022.听

Given more than 1,000 days have passed since the plane was grounded, the accumulated parking fees have exceeded $1 million.听聽

In a statement to the Star on Thursday,聽PSPC said it has negotiated a contract compensating the operator of Pearson聽鈥� the Greater 海角社区官网Airport Authority聽鈥� for parking fees based on the airport’s fee schedule.听

“The organization that has seized the airplane, technically, the airplane is their responsibility to, in fact, ensure the plane is safe,”聽Gradek said.听

A long and complex legal process remains聽

Global Affairs told the Star, the seizure of the airplane is the first step in the legal process of forfeiture under the Special Economic Measures Act聽(SEMA) and the聽Justice for Victims of Corrupt Foreign Officials Act聽(JVCFOA).听

The Minister of Foreign Affairs may apply to a Ontario court for an order that the property be permanently forfeited to the Crown.

Those whose property is subject to a seizure or restraint order, or individuals who have a third-party right or interest in that property, have the right to request an administrative review of the order.

“Further steps toward potential forfeiture will be taken in due course, in accordance with the legislation and procedural fairness,” wrote Global Affairs in a statement.听

Gradek echoed the sentiment that Canada first needs to clear the ownership of the plane and gain the right to dispose of it before working towards transferring the plane to Ukraine.听

“Once that’s done, the Canadian government can decide to spend some money to fix it up.听That can’t be cheap. It’s gonna be millions,” said聽Gradek, adding that he would like to see at least the parking fees paid by Ukraine in exchange.听

At the same time, Volga-Dnepr Airlines is pursuing legal challenges against the federal government to get off the sanctions list and seek compensation for the loss of a cargo plane.

In November 2024, Volga-Dnepr Airlines LLC and two related Airlines聽applied to the Federal Court for a judicial review of the Ministry of Foreign Affairs’ decision to reject the airlines’ application to remove them from the sanctions list, court documents obtained by the Star showed.听

The airlines claimed聽they have no affiliation with the Russian government, or any ongoing military operations in Ukraine.听

The stranded plane was 鈥渟uffering from exposure to the elements and receiving no maintenance whatsoever,鈥� the airline said in a previous appeal.

The Russian airline also聽filed a $100 million claim against the Canadian government in August 2024,聽alleging it expropriated the airline’s business and property and violated a 1989 treaty between Canada and the Union of Soviet Socialist Republics,聽an English translation of says.

The airline had previously sought to resolve the dispute with the Canadian government, but its proposal was refused by Canada.

The treaty is聽a standard agreement that is made to protect the investment of both countries from expropriation and seizure, said聽Vincent Correia, an aviation law professor at McGill University.听But the Canadian government could argue it falls within Article six of the agreement which says聽expropriation is allowed if there is a public purpose.

Canada could also try to terminate the agreement or argue that it鈥檚 not applicable, given that the war creates a new situation, he added.听

“I think the airline here is just trying to recover some money because they probably know that they will not get the aircraft back anytime soon,”聽Correia said.听

Without seeing all the evidence from both sides, Correia said it’s hard to predict who has a better chance to win the arbitration,聽but either way, it will be a long process.