# Has anyone been sued by Harbour Castle?



## anthoney (Aug 24, 2009)

I was lied to by Charlie a sales woman for Harbour Castle. Upon finding out I immediatly cancelled my payment plan and am now being sued two years later. I have lost my $2000.00 deposit and wonder what else I have to look forward to. I have a settlement conference through small claims court with them on september 23 2009. Any info would be appreciated.  Thanks Mark


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## calgarygary (Aug 24, 2009)

You are going to have a problem if they show up in court.  They will bring a signed contract, you will bring a "I said, she said" arguement.  At the very least, spend a lot of time searching for online examples that might support your arguement that you were lied to.  Otherwise, your lowest cost option might be to find out what it would take for you to settle.


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## BarCol (Aug 27, 2009)

When you say you cancelled your payment plan, were you within the rescinding period established in law in this Province? I think it's 7 days, but it may be 5.  The Ministry of Consumer Affairs handles it


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## PeelBoy (Aug 28, 2009)

BarCol said:


> When you say you cancelled your payment plan, were you within the rescinding period established in law in this Province? I think it's 7 days, but it may be 5.  The Ministry of Consumer Affairs handles it




The cool off period is 10 days in Ontario.  Deposit by credit card should have been refunded.  If the OP cancelled his contract after 10 days, it is a binding contract. If so, he doesn't have no case, unless there are other arguments of non disclosure and/or misrepresentation.

http://www.gov.on.ca/mgs/en/ConsProt/STEL02_168388.html


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## caribbeansun (Aug 29, 2009)

There are also specific requirements of the signed contract that must be present within a timeshare agreement in Ontario as follows (note to moderator - this is not in any way copyrighted material): 


*Requirements for time share agreements*
*26.  *(1)  For the purpose of section 27 of the Act, a time share agreement shall be signed by the consumer and the supplier and shall set out the following information:
  1. The name of the consumer.


2. The name of the supplier and, if different, the name under which the supplier carries on business.


3. The telephone number of the supplier, the address of the premises from which the supplier conducts business, and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier.


4. The names of,
  i. the person, if any, who solicited the consumer in connection with the agreement,
  ii. the person, if any, who negotiated the agreement with the consumer, and
  iii. the person who concluded the agreement with the consumer.


5. If the supplier has contracted with a property manager, other than an employee of the supplier, to manage the property that is the subject of the agreement, the name and telephone number of the property manager and information respecting other ways, if any, in which the property manager can be contacted by the consumer, such as the fax number and e-mail address of the property manager.


6. The date on which and the place where the agreement is entered into.


7. The commencement date and the term of the agreement including, if that is the case, that the term is indefinite.


8. A statement containing the text set out in subsection (2) and, if applicable, the additional text set out in subsection (3),
  i. which shall be in at least 10 point type, except for the heading which shall be in at least 12 point bold type, and
  ii. which shall appear on the first page of the agreement, unless there is a notice on the first page of the agreement in at least 12 point bold type indicating where in the agreement the statement appears.


9. A fair and accurate description of the consumer’s rights in respect of the use of the property that is the subject of the agreement, including,
  i. the precise location of the property,
  ii. the precise suite or the type of suite that the consumer will have the right to occupy,
  iii. the periods during or the dates on which the consumer will have the right to use the property,
  iv. the goods and services, including facilities, that will be provided to the consumer or to which the consumer will have access, together with any conditions attached to, and any restrictions and limitations on, the use of or access to these goods and services, and
  v. any conditions attached to, and any restrictions and limitations on, the consumer’s right to dispose of the time share the consumer is acquiring under the agreement.


10. The details respecting the consumer’s right, if any, to use a different property in substitution for the property that is the subject of the agreement, including,
  i. the times at which the right may be exercised,
  ii. the method by which the right is to be exercised,
  iii. the amounts payable by the consumer in connection with exercising the right, and
  iv. the name of the individual or entity responsible for co-ordinating the substitution and information respecting the various ways in which the individual or entity can be contacted by the consumer, such as the telephone number, fax number and e-mail address of the individual or entity.


11. The details respecting the consumer’s right, if any, to exchange his or her right to occupy a precise suite or a type of suite for a right to occupy a different suite or type of suite, including,
  i. the times at which the right may be exercised,
  ii. the method by which the right is to be exercised,
  iii. the amounts payable by the consumer in connection with exercising the right, and
  iv. the name of the individual or entity responsible for co-ordinating the exchange and information respecting the various ways in which the individual or entity can be contacted by the consumer, such as the telephone number, fax number and e-mail address of the individual or entity.


12. A fair and accurate description of the access to be provided to the consumer with respect to discounts or benefits for the future provision of transportation, accommodation or other goods or services related to travel.


13. An itemized list setting out,
  i. the amount of the one-time payment payable by the consumer upon entering into the agreement and the goods or services for which it is payable,
  ii. the amount of each additional one-time payment payable by the consumer and the good or service for which it is payable, and
  iii. the amount and frequency of the periodic payments payable by the consumer and the good or service for which each payment is payable.


14. An itemized list setting out,
  i. each optional good and service, including a facility and a membership, that the supplier represents will be available to the consumer by virtue of the consumer entering into the agreement, and
  ii. the amount that the consumer would have to pay for such good or service if the consumer decided to avail himself or herself of it.


15. If any of the amounts set out in the agreement is subject to change or if the consumer may be required to make a payment in addition to the payments set out in the agreement,
  i. a statement to that effect,
  ii. a description of the circumstances in which the amount may change or the additional payment may be required, and
  iii. either,
  A. what the changed amount or the additional payment will be, or
  B. the objective standard that will be applied to determine the changed amount or the additional payment.


16. If the agreement includes a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance. 


17. The currency in which amounts are expressed, if it is not Canadian currency.


18. With respect to every amount that is or may be payable by the consumer, as referred to in paragraphs 10, 11, 13, 14 and 15, the terms and methods of payment.


19. The consequences of non-payment of any amount that is payable by the consumer.  O. Reg. 17/05, s. 26 (1).
(2)  The statement mentioned in paragraph 8 of subsection (1) shall set out the following: 
*Your Rights under the Consumer Protection Act, 2002*
  You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.


If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.


If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.


In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.


To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.


If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).


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## e.bram (Aug 30, 2009)

See if you can suppoena the sales women.


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