TORONTO Oct 13 U.S. Republican presidential
candidate Donald Trump can be pursued for some claims made by
investors in a hybrid hotel-condo tower in Toronto bearing his
name, according to a Canadian court ruling released on Thursday.
An Ontario appeals court reversed an earlier decision to
throw out a case brought against Trump and associates by the
investors, who said they were misled into investing in the
development in Toronto's financial district.
The investors bought units in the tower that were then
placed into a pool of rooms to be rented out at luxury rates by
the hotel's operator.
"There would be no factual or legal basis to hold my client
liable, principally because my client did not enter into a
contract with any of the buyers, did not sell anything to any of
the buyers, and did not receive any money from any of the
buyers," said Alan Garten, general counsel for the Trump
A lawyer representing all the defendants, Symon Zucker, did
not immediately respond to requests for comment.
The 65-story property is managed by the Trump Organization.
Lawyers for Trump and two others had argued that no
misrepresentations had been made or that in any event they
should not attract personal liability.
Trump won a victory last year when a lower court absolved
the real estate businessman of any personal responsibility, as
his company had only licensed the Trump name to Talon
International Development Inc, which owns the property.
In the Court of Appeal for Ontario ruling published on
Thursday, Justice Paul Rouleau dismissed claims against Trump
and two associates for misrepresentation and breach of a ruling
by a securities regulator.
However, the judge said it was unfair for the original
ruling to dismiss claims "based on oppression, collusion, or
breach of fiduciary duties," and said these can still be heard
Trump "is still a defendant in this action...and he can
still be held liable to these people for damages," said Mitchell
Wine, a lawyer for the plaintiffs.
"This court said you're still very much part of this thing,
and you still have to answer to all of these allegations other
than the two that the court considered in this decision."
The ruling also said Talon must pay damages to one buyer for
"negligent misrepresentation" and another sale must be
The case is: Singh v. Trump, 2016 ONCA 747, docket number:
(Reporting by Alastair Sharp; Additional reporting by Emily
Flitter; Editing by Leslie Adler)