[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!

[Floyd55]

I have been following this forum for several years now but felt that I needed to start participating. I have sent many emails to MP's/MLA's in Alberta, so far no response whatsoever. I have read many of the judgements that have been handed down in both BC and Alberta. As far as I can tell, we have few legal options left. One that gives me some hope is to at least have the sum that we are going to be charged reduced substantially, that is if all of our efforts to get a political leader on our side fail. Judge Young in Alberta referred to serious concerns about the level of interest and costs that Northmont was asking for. I have copied some of the statements from this Alberta judgement from October 2017.

Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII) Date: 2017-10-11 Citation:Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII), , retrieved on 2017-10-20

[86] As was also the case in Edwards, I do have some concern with respect to the interest and costs as claimed by the Plaintiff because the different versions of the VIAs do not have identical language as to the interest that can be claimed. As to costs in each of the SLG Actions, the Plaintiff’s Amended Civil Claims are for “full costs of this action” and it is unclear to the Court precisely what costs are being claimed by the Plaintiff. Again, the specific wording of the VIAs may govern the costs ultimately awarded to the Plaintiff with respect to each Judgment obtained against the Defendants. In Edwards, the Court allowed for the submission of “written argument on the issue of interest and costs” but the parties “were able to agree on the interest.” Most of Edwards deals with costs but specifically with reference to the wording in the “Edwards VIA.”

[87] Given the foregoing, the Plaintiff is entitled to judgment against each Defendant in the SLG Actions for the amount set out in each Amended Civil Claim (the “Judgments”), except as to interest and costs, for which I am prepared to hear argument from the parties if they cannot agree.

[91] Although counsel has been given leave to attend before me once again to deal with the outstanding issues as listed above, I would urge counsel, given the already extensive use of judicial resources both in Alberta and British Columbia, that they make every reasonable effort to resolve these outstanding issues without the necessity of further judicial intervention. If that does not occur, then counsel are to contact the trial co-ordinator to obtain a date to appear before me. It would be my expectation that this occur as soon as possible, and hopefully, within thirty days after the date this decision is issued.

I have written a letter to MG quoting the same and indicated that I am not on board with his "settlement agreement" with NM and expect him to follow Judge Youngs lead and do some actual good faith negotiating on our behalf for a change.

 

[truthr]

I have been following this forum for several years now but felt that I needed to start participating. I have sent many emails to MP's/MLA's in Alberta, so far no response whatsoever. I have read many of the judgements that have been handed down in both BC and Alberta. As far as I can tell, we have few legal options left. One that gives me some hope is to at least have the sum that we are going to be charged reduced substantially, that is if all of our efforts to get a political leader on our side. Judge Young in Alberta referred to serious concerns about the level of interest and costs that Northmont was asking for. I have copied some of the statements from this Alberta judgement from October 2017.

Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII) Date: 2017-10-11 Citation:Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII), , retrieved on 2017-10-20

[86] As was also the case in Edwards, I do have some concern with respect to the interest and costs as claimed by the Plaintiff because the different versions of the VIAs do not have identical language as to the interest that can be claimed. As to costs in each of the SLG Actions, the Plaintiff’s Amended Civil Claims are for “full costs of this action” and it is unclear to the Court precisely what costs are being claimed by the Plaintiff. Again, the specific wording of the VIAs may govern the costs ultimately awarded to the Plaintiff with respect to each Judgment obtained against the Defendants. In Edwards, the Court allowed for the submission of “written argument on the issue of interest and costs” but the parties “were able to agree on the interest.” Most of Edwards deals with costs but specifically with reference to the wording in the “Edwards VIA.”

[87] Given the foregoing, the Plaintiff is entitled to judgment against each Defendant in the SLG Actions for the amount set out in each Amended Civil Claim (the “Judgments”), except as to interest and costs, for which I am prepared to hear argument from the parties if they cannot agree.

[91] Although counsel has been given leave to attend before me once again to deal with the outstanding issues as listed above, I would urge counsel, given the already extensive use of judicial resources both in Alberta and British Columbia, that they make every reasonable effort to resolve these outstanding issues without the necessity of further judicial intervention. If that does not occur, then counsel are to contact the trial co-ordinator to obtain a date to appear before me. It would be my expectation that this occur as soon as possible, and hopefully, within thirty days after the date this decision is issued.

I have written a letter to MG quoting the same and indicated that I am not on board with his "settlement agreement" with NM and expect him to follow Judge Youngs lead and do some actual good faith negotiating on our behalf for a change.

I also wrote a detailed letter with supporting documentation to MG cced to the two other lawyers mid December quoting both the BC Code of Conduct, AB Rules of Court and Canada Interest Act where applicable to make my points. I also pointed out that to my knowledge "a judge's instructions are not a suggestion". This was just days prior to the ill fated "settlement" meeting.

 

[MgolferL]

I have been following this forum for several years now but felt that I needed to start participating. I have sent many emails to MP's/MLA's in Alberta, so far no response whatsoever. I have read many of the judgements that have been handed down in both BC and Alberta. As far as I can tell, we have few legal options left. One that gives me some hope is to at least have the sum that we are going to be charged reduced substantially, that is if all of our efforts to get a political leader on our side fail. Judge Young in Alberta referred to serious concerns about the level of interest and costs that Northmont was asking for. I have copied some of the statements from this Alberta judgement from October 2017.

Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII) Date: 2017-10-11 Citation:Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249 (CanLII), , retrieved on 2017-10-20

[86] As was also the case in Edwards, I do have some concern with respect to the interest and costs as claimed by the Plaintiff because the different versions of the VIAs do not have identical language as to the interest that can be claimed. As to costs in each of the SLG Actions, the Plaintiff’s Amended Civil Claims are for “full costs of this action” and it is unclear to the Court precisely what costs are being claimed by the Plaintiff. Again, the specific wording of the VIAs may govern the costs ultimately awarded to the Plaintiff with respect to each Judgment obtained against the Defendants. In Edwards, the Court allowed for the submission of “written argument on the issue of interest and costs” but the parties “were able to agree on the interest.” Most of Edwards deals with costs but specifically with reference to the wording in the “Edwards VIA.”

[87] Given the foregoing, the Plaintiff is entitled to judgment against each Defendant in the SLG Actions for the amount set out in each Amended Civil Claim (the “Judgments”), except as to interest and costs, for which I am prepared to hear argument from the parties if they cannot agree.

[91] Although counsel has been given leave to attend before me once again to deal with the outstanding issues as listed above, I would urge counsel, given the already extensive use of judicial resources both in Alberta and British Columbia, that they make every reasonable effort to resolve these outstanding issues without the necessity of further judicial intervention. If that does not occur, then counsel are to contact the trial co-ordinator to obtain a date to appear before me. It would be my expectation that this occur as soon as possible, and hopefully, within thirty days after the date this decision is issued.

I have written a letter to MG quoting the same and indicated that I am not on board with his "settlement agreement" with NM and expect him to follow Judge Youngs lead and do some actual good faith negotiating on our behalf for a change.

I am basically the same. Followed the site for years. Did participate a number of years ago, but had to rejoin as of today because none of the previous log-in stuff worked..

I spoke with MG, who seems to be done with this and felt he was within his right to "negotiate" without approval from the group. Also says the ONLY people who have been released from the resort were ones he did back in March. No others that he is aware of. Thinks for our own "piece of mind" it's best to just pay and get out. I said based on following his direction, optimism and advice...I went from a $1600 payout to what will likely be just over 10K, to which his response...paraphrasing..."At least you will be out"....to which I responded...IF they had negotiated in good faith when this started AND I TRIED...I would still be in, because I liked going there...! Last comments here...MG said the "Manager" (KW?) is out for blood, so don't expect and leniency from them. And finally, the agreements will be a full release...them from us and us from them, so we can't go back after.

BTW, on the settlements (?), any money owing the legal firms will also be indicated charged for on the settlement statement we get...supposedly Tuesday.

I copied one of the posted letters yesterday, made amendments and sent it to ALL...MLA's in AB and BC. I have received over 12 responses, some with suggestions to other Ministers...Service AB for example, to which I sent them off as well. Jason Kenney is my MLA and I sent him one directly in capital letters.

I agree with a lot of comments previously listed that all of this is too little, too late, and we will likely (sadly & sickening) have to start writing cheques. IF there is no leniency, within the full letter of the law, I want to be one of the people helping Karma along to bring some justice to this travesty....Really...all they had to do was say "goodbye and get out" and we could have all gone on our merry ways.

 

[CleoB]

How could we bow out when for years we were given false promises? We were all under the impression we were contributing to an end goal in fact M.G. referenced in an email something to the affect if I cannot at least get a 50% reduction in the invoices we will be considering a class action, this is not a quote. I have no intention of giving up we have a settlement bordering on 40,000.00 as seniors in our late 70's, the injustice makes me ill to my stomach. I'm just saying we cannot litigate the contracts again as per Judge Young. We need a new case, before the court with a competent lawyer.

Keep that email where Geldert said if he couldn't at least a 50% reduction he will consider a class action. We're going to need it.

 

[MarcieL]

BTW, on the settlements (?), any money owing the legal firms will also be indicated charged for on the settlement statement we get...supposedly Tuesday.

Great news that is. ours is already 40 grand.

 

[Tacoma]

Remember way back at the beginning when MG was recommending we fight since he did not feel that their offer of a release upon payment could be trusted. I just want you to know personal friends of mine paid to get out and have heard absolutely nothing since. So his answer the ONLY people who have been released from the resort were ones he did back in March is categorically not true. I am also going to see if I can get my friends who paid to stay and I believe bought legacy for life to call the resort and find out what it would cost them to get out. I do not believe that they are asking $16000 from a member in good standing to get out or there would be an uproar from the people who stayed. This is the best PONZI scheme ever. Pay to join, pay more for more flexibilty (points) or more years (legacy for life) pay to renovate resort at costs that could have seen the entire buildings rebuilt from the ground up and then if you paid to stay and now that they have made the value of this timeshare in the negative pay a ridiculous amount to get out of your contract.

I just want you to know I own and enjoy many other timeshares and will not let this sour me on all of them. This is my 14th year of timesharing and except for this debacle it has been 14 good years. I even paid a special assessment on 2 timeshares in the past(BRMR) as I did the math and felt the numbers were reasonable.

 

[J's Garage]

I'm quite certain that MG was asked to clarify the role of a timeshare trustee. The best research that I can understand is simply stated Trustees (such as a bank or a trust company) or group of individuals who hold timeshare properties and leisure facilities in trust on behalf of the owners. A timeshare buyer's right to use agreement is granted through the Trustees through a license or a Certificate of Ownership.

Trustee is Phillip Matkin: Phil's primary practice encompasses all aspects of commercial real estate law. In particular, Phil focuses on recreational property and resort development. He has extensive experience assisting clients in the development, financing and securitization of resort and recreational properties and in helping them meet real estate and securities disclosure requirements. Phil's experience extends beyond Alberta to include numerous projects in British Columbia, the Caribbean, Mexico, Belize and Hawaii. Phil co-founded the firm known as SMBP LAWYERS, now GREENFIELDS LAW, in 2004 after having spent the previous twenty three years with the Calgary based law firm of Macleod Dixon LLP, now Norton Rose Fulbright.

NORTON ROSE FULBRIGHT

Oh BTW: In the JEKE actions, and the Trustee actions in BC, Counsel for Northmont Resort Properties Ltd was Jud Virtue.

From the firm's information Jud Virtue has been with Norton Rose Fulbright from Feb 1999.

IOW: From the biographies, Philip Matkin and Jud Virtue both worked at what is now referenced as Norton Rose Fulbright for around 5 years

Norton Rose Fulbright was created out of buyout's and mergers. So it may not have been the common name to identify these lawyer's from. So notice from Phillip Matkin's experience it is shared that he spent 23 years with Macleod Dixon LLP (later merged into/renamed Norton Rose Fulbright).

This is counsel information from a past court filing (but outside the overlapping dates - still searching):
Counsel
Judson E. Virtue

Address
MacLeod Dixon LLP
3700 Canterra Tower
400 - 3rd Ave S.W.
Calgary, Alberta
T2P 4H2
Telephone: (403) 267-9541
FAX: (403) 264-5973
E-mail: jud.virtue@macleoddixon.com

 

[Tanny13]

I have been in touch with another lawyer, reviewing our predicament. If you have chosen to not accept the settlement and want to pursue a different avenue to reduce interest and costs please email me with your contact info to thebestboy@me.com. We are trying to get an idea of the number involved.

 

[CleoB]

I have been in touch with another lawyer, reviewing our predicament. If you have chosen to not accept the settlement and want to pursue a different avenue to reduce interest and costs please email me with your contact info to thebestboy@me.com. We are trying to get an idea of the number involved.

What about the cancellation cost? I'm sure the judge would reduce the 26.82% as that's unreasonable but the exit fee is reportedly $16000.

 

[melamike]

I am more than willing to file a complaint against our lawyer. I am however staying in and paying to get out (I know my costs this way and will finally have closure) so I am worried about filing a complaint before I have my get out of jail card for only $25000 (aprox). Is anyone else in a similar situation? I have actively sent letters to people in AB/BC government and at the federal level so don't think I'm meek or mild. Only one response so far- not her problem- but she did forward it to someone else. When I contact MG I will be stating how I feel I was lead like a lamb to the slaughter because of his false promises. I almost paid the $13800 in March but because of this advice directly from my lawyer I changed my mind.

"I consider the payment of the Scaled Settlement Fee a reasonable option only where the individual VIA Owner has determined that they prefer to pay their way out of this Resort, can afford to do so prior to May 9, 2017, and do not want to risk being responsible for future Resort costs. Where the individual VIA Owner is not in a position to afford to pay the price Northmont requires or where they prefer to have the managerial decisions made by Northmont scrutinized before making a decision, I consider the Scaled Settlement Fee wholly unreasonable." MG's e-mail of Mar 13th

Sorry I don't know how to correctly format this but it is advice from MG on Mar 13th about whether we should settle or not. Then on Mar 22nd we received an update that can only be seen as an attempt to convince us to move forward with the court case. I do not want to copy it all (if you are members of the litigation group I hope you saved your emails) where there were statements made that lead myself (and probably many others) to believe we still had a very strong case. It mainly discussed the fact that Northmont had to pay their share of the fees and they own 50% of the resort.

Before signing the SIF (option 1) our lawyer stated "Neither side of this dispute wants a repeat of the last settlement discussions that failed to resolve the dispute between you and Northmont. " I maintain this is absolutely false as the previous e-mails continued to give us false hope (to keep us in the group) and he deliberately mislead Northmont as to how many clients were actually taking the settlement offered in March. I remember his glee at the fact that he had led them to believe the numbers paying to get out would be much higher so they had to frantically serve new documents before our court case in Edmonton in April. He acted like a kid who had pulled a great joke over on everyone.

Then as you know the group was reassured that by signing option 1 on the SIF we would still have an opportunity to reject it before an agreement was finalized. This promise also has not been kept.

So I guess my comment is I am willing to file a complaint but am nervous to do so until after I have my release. It seems that because of the way this case was dealt with we have "no moral currency left" to negotiate a better deal. Unless the judge or someone decides this is wrong and acts quickly to save us I fear things will only get worse.

Tacoma

Dear Tacoma:
Complaining does not make you guilty of anything! I'm in the same boat as you and I sent my complaint into the BC Law Society today. Retaliation of any sort by MG ( if he were to find out) would be further proof to the Society about the character of the man we have asked them to investigate. Please complain!

 

[Spark1]

I am more than willing to file a complaint against our lawyer. I am however staying in and paying to get out (I know my costs this way and will finally have closure) so I am worried about filing a complaint before I have my get out of jail card for only $25000 (aprox). Is anyone else in a similar situation? I have actively sent letters to people in AB/BC government and at the federal level so don't think I'm meek or mild. Only one response so far- not her problem- but she did forward it to someone else. When I contact MG I will be stating how I feel I was lead like a lamb to the slaughter because of his false promises. I almost paid the $13800 in March but because of this advice directly from my lawyer I changed my mind.

"I consider the payment of the Scaled Settlement Fee a reasonable option only where the individual VIA Owner has determined that they prefer to pay their way out of this Resort, can afford to do so prior to May 9, 2017, and do not want to risk being responsible for future Resort costs. Where the individual VIA Owner is not in a position to afford to pay the price Northmont requires or where they prefer to have the managerial decisions made by Northmont scrutinized before making a decision, I consider the Scaled Settlement Fee wholly unreasonable." MG's e-mail of Mar 13th

Sorry I don't know how to correctly format this but it is advice from MG on Mar 13th about whether we should settle or not. Then on Mar 22nd we received an update that can only be seen as an attempt to convince us to move forward with the court case. I do not want to copy it all (if you are members of the litigation group I hope you saved your emails) where there were statements made that lead myself (and probably many others) to believe we still had a very strong case. It mainly discussed the fact that Northmont had to pay their share of the fees and they own 50% of the resort.

Before signing the SIF (option 1) our lawyer stated "Neither side of this dispute wants a repeat of the last settlement discussions that failed to resolve the dispute between you and Northmont. " I maintain this is absolutely false as the previous e-mails continued to give us false hope (to keep us in the group) and he deliberately mislead Northmont as to how many clients were actually taking the settlement offered in March. I remember his glee at the fact that he had led them to believe the numbers paying to get out would be much higher so they had to frantically serve new documents before our court case in Edmonton in April. He acted like a kid who had pulled a great joke over on everyone.

Then as you know the group was reassured that by signing option 1 on the SIF we would still have an opportunity to reject it before an agreement was finalized. This promise also has not been kept.

So I guess my comment is I am willing to file a complaint but am nervous to do so until after I have my release. It seems that because of the way this case was dealt with we have "no moral currency left" to negotiate a better deal. Unless the judge or someone decides this is wrong and acts quickly to save us I fear things will only get worse.

Tacoma

What kind of Contract did you sign when you bought into the resort. Was it a Lease contract or a VIA.

 

[torqued]

Are we as a group going to know how many in the group accepted the settlement? I would still like to know what my “settlement” figure is even though I rejected it just to confirm it is in fact 120% of my outstanding fees plus outrageous interest. If some accept will that mean it can’t go in front of judge Young for review??

 

[ecwinch]

A question I have is do very many timeshares these days have 'owner associations' for the Timeshare they are a part of. According to our original lease there was to be such an association for us but it was never set up. And this association had the power with a vote to remove the management, who in fact is I thought to be managing the resort in the favour of the timeshare 'owners'. Such an association brings a level of accountability that we have not had. But we as the 'owners' are handcuffed with the ability to contact others and set this up.

Yes, most timeshares are governed by a homeowners association.

 

[Ultimate_Betrayal]

“My Story”

This is something that has been on my mind for a couple of days now and to be truthful I was hoping somebody else would initiate the idea as I didn’t really want to do this as it resonates very personally with me, but I feel we need to get prepared and personalize our story.

There are lots of things happing in a very short time as a result of us banding together and no offence intended but one person resonates with me who set the bar high and I like to think of her in my mind as “The Raging Granny”.

I may be totally off on who this person is as I don’t even know how old she is or personal details about her, but she is an inspiration to us all – spunk, tenacious, lacking fear, and compassionate are the best ways I can describe her from the short time we have corresponded. A real wrecking ball!!

There is soon going to be a call for people to speak on our behalf in front of our elected officials and the media so this is in preparation for this. We need to show how average people have been affected and there is minimal personal information I will be asking for but don’t feel you need to provide it if you are not comfortable doing so. Your “My Story” could potentially be shared with politicians, media, legal people, or others than may help move our story forward – if you have reservation and still want to share your story specify your conditions and they will be respected. These “My Story” documents are only intended to aid in our plight and hopefully can be somewhat therapeutic – do not do one if you are not comfortable doing so.

Personal information that could be included and why:

• Name (knowing there is a real person is important and is most scary thing to include as we have all been conditioned not to trust anymore)
• Where you live (city / town – this should be basic stuff)
• Riding with MLA / MP information (political motivation is a powerful thing – I am asking for this as it would help summarize information to politicians they have people effected in their ridings if they haven’t got the message already)

Before I begin here are what I think are good ground rules:

• These will not be posted on Tugs
• This is intended to be very personal and a chance for you to say what the timeshare meant or means to you
• When you are writing your story imaging you are saying or writing it to someone you care about
• Write in the format that suits you – I am evidence grammar and spelling are not always right
• The legalese stuff is not needed – that’s someone else’s job right now
• You do not need to be the timeshare owner – you could be a son, daughter, spouse, friend, or caregiver to the timeshare owner but this has somehow impacted you.

Submit to:
my_story@shaw.ca


Food for thought:

• Why did you buy your timeshare
• Did you feel good and safe about your purchase
• Did you feel proud you invested in your future and confident your vacations could be taken at a 5-star resort yearly while staying with-in your budget
• When was the last time you used your timeshare
• Who accompanied you on your vacations
• Did use the golf course
• Did you like to exchange
• Did you go to the other Fairmont resorts or get to use a houseboat
• How many years was this your go to vacation place
• Did you put money back into the local economies
• Was this a place for you to meet up with relatives and friends
• Did you have fun
• Do you miss it
• What is the burden on you now for having a timeshare

Please see my own “My Story” in my next post.

 

[Ultimate_Betrayal]

What does our timeshare me to me – Family and Memories!!

Our family only got about 5 years use out of our vacation investment but we packed them full of adventures and the great memories have not faded in the least. These vacations are often talked about around the table or when we see relatives or friends who experienced the fun with us.

Relatives especially who we brought along on our adventures are deeply saddened and concerned for us that firstly this has cost us so much in so many ways. More years of fun were expected by all and we made the Rockies the go to vacations for our relatives literally from all over the world. Pictures of time spent with us there are on many mantles and the faces in the pictures show everything that needs to be said.

Even though we only got about 5 years of use out of the 40 we did so much and had even more planned – here are some of the places we visited and what 1st comes to my mind when I think about it:

• Fairmont – lazy river floats, extreme hiking (nothing was ever too steep and who uses paths anyway), and hot springs
• Kelowna – wine tours, searching for Ogopogo, and being launched from the “Blob”
• Hawaii – body surfing (mostly slamming) in the big waves on the North Shore, Luaus, exploring
• By far my most memorable adventure was our Houseboat trip on Shuswap Lake – explained more below

There are so many memories it’s incredible to remember and be able to package them to share but below are events I recall when I started to think back – they probably will not resonate with everyone but hey these are mine:

• Another trip down the lazy river where the challenge was to see who got the most golf balls
• Extreme hiking up that big hill north of Columbia Lake / south of Fairmont
• Watching the deer on a peaceful morning grazing the golf course with no bigger care than retrieving a coffee
• Being the one with the wackiest frozen hair in the hot springs
• Having the kids learn their fingers get hurt if they put them in the way on the shuffleboard table and root beer floats at the rec center
• The perfect game of golf (perfection for me is based on number of balls lost – I had a zero game)
• Thinking we could retire in the valley (we actually owned property there for awhile for that purpose)
• Hiking to different areas around Fairmont to find those free hot springs
• How great is it when you can buy fireworks at the corner variety store (yes I raised a mini group of pyromaniacs who love fireworks)
• Seeing our kids make new friends and seeing how awkward it is was when they got older and meet someone a little more special
• Sunday brunch up on the mountain
• Chartering a plane in Invermere for a special 25th anniversary sightseeing flight
• Going to the water park - again
• Spending a fantastic vacation with a loved one for the last time

What has and is this timeshare costing me:

• Most importantly lost time with my immediate and extended family to celebrate life
• Lost opportunities
• Stress, anxiety, guilt, and friction within my marriage
• About $70,000 conservatively if I was to pay out now with this settlement and the fear it could cost even more if we don’t (about half for the initial investment + half for the settlement)

Above I mentioned our Houseboat trip is one of the best memories I have that I hold most valuable in my life. Here is a summary of our voyage:

My mother and stepdad (Peter) came in from Ontario along with the invited kid’s friends the day before and we packed up and headed to the Shuswap. The entire trip the weather was perfect and started with the being captain of your boat orientation attended by yours truly and Peter and neither of us had a clue how to drive what seamed like a 100’ (greatly exaggerated) houseboat.

Peter became a professionally trained chef after his retirement as an engineer, certified boat captain sailing large sailboats on the Great Lakes, and a member of the family who’s laugh and spirit resonated throughout life and the entire voyage (other than when our learned captain crashed the boat and was demoted to 1st mate).

Some of the best meals got prepared with our catch of the day by Peter and it also relates to our greatest fish story and the catch that escaped.

Peter tried for days to catch a fish - the reason this is so comical in the evenings we had our own small inflatable dinghies and would go out to catch fish. Everyone caught fish but Peter – he would force us to move to his spot and take our fishing gear but never caught a thing while we continued to reel them in.

On one-day Peter and I attempted to fish from a rented jet ski – Peter was successful finally catching not one but two beautiful lake trout. On our way back to camp tragedy struck and we lost both his fish. To this day no one believes he caught any fish and he made the story up.

As expected we did have fireworks and a whole lot more adventures on our voyage but the voyage itself is not the reason our Houseboat trip has such impact for me and our family.

A couple months later Peter was diagnosed with terminal cancer and only lasted a short time with us after that – Grampa Pete’s final instruction before leaving us was to get back out there and bring those fish to justice to his grandkids which has imprinted a powerful image on all our minds to this day.


This is “My Story”

 

[Tanny13]

What about the cancellation cost? I'm sure the judge would reduce the 26.82% as that's unreasonable but the exit fee is reportedly $16000.

I don’t think that exit fee is accurate. My plan is to reduce our costs and then stay and fight.

 

[MarcieL]

I think the next step is up to those that never retained M. Geldert. They need to band together, find a lawyer and go after Northmount using the Fair Trade Act of Alberta. Something MG never did. Unfortunately I can't be part of it as I mistakenly put my faith in MG and now all his clients (and those that paid to stay) are paying and will be paying for his mistakes. That is why those that never/ever retained him need to proceed in a different matter with a competent lawyer.

I agree jack.

 

[truthr]

“My Story”

This is something that has been on my mind for a couple of days now and to be truthful I was hoping somebody else would initiate the idea as I didn’t really want to do this as it resonates very personally with me, but I feel we need to get prepared and personalize our story.

There are lots of things happing in a very short time as a result of us banding together and no offence intended but one person resonates with me who set the bar high and I like to think of her in my mind as “The Raging Granny”.

I may be totally off on who this person is as I don’t even know how old she is or personal details about her, but she is an inspiration to us all – spunk, tenacious, lacking fear, and compassionate are the best ways I can describe her from the short time we have corresponded. A real wrecking ball!!

There is soon going to be a call for people to speak on our behalf in front of our elected officials and the media so this is in preparation for this. We need to show how average people have been affected and there is minimal personal information I will be asking for but don’t feel you need to provide it if you are not comfortable doing so. Your “My Story” could potentially be shared with politicians, media, legal people, or others than may help move our story forward – if you have reservation and still want to share your story specify your conditions and they will be respected. These “My Story” documents are only intended to aid in our plight and hopefully can be somewhat therapeutic – do not do one if you are not comfortable doing so.

Personal information that could be included and why:

• Name (knowing there is a real person is important and is most scary thing to include as we have all been conditioned not to trust anymore)
• Where you live (city / town – this should be basic stuff)
• Riding with MLA / MP information (political motivation is a powerful thing – I am asking for this as it would help summarize information to politicians they have people effected in their ridings if they haven’t got the message already)

Before I begin here are what I think are good ground rules:

• These will not be posted on Tugs
• This is intended to be very personal and a chance for you to say what the timeshare meant or means to you
• When you are writing your story imaging you are saying or writing it to someone you care about
• Write in the format that suits you – I am evidence grammar and spelling are not always right
• The legalese stuff is not needed – that’s someone else’s job right now
• You do not need to be the timeshare owner – you could be a son, daughter, spouse, friend, or caregiver to the timeshare owner but this has somehow impacted you.

Submit to:
my_story@shaw.ca


Food for thought:

• Why did you buy your timeshare
• Did you feel good and safe about your purchase
• Did you feel proud you invested in your future and confident your vacations could be taken at a 5-star resort yearly while staying with-in your budget
• When was the last time you used your timeshare
• Who accompanied you on your vacations
• Did use the golf course
• Did you like to exchange
• Did you go to the other Fairmont resorts or get to use a houseboat
• How many years was this your go to vacation place
• Did you put money back into the local economies
• Was this a place for you to meet up with relatives and friends
• Did you have fun
• Do you miss it
• What is the burden on you now for having a timeshare

Please see my own “My Story” in my next post.

What a great idea and I have personally found it to be very therapeutic and helped me to get past the emotional part and focus on the details of what has transpired over the past 4 years and how we need to take back our voice and put a human experience on this catastrophe once again.
You know the voice that has been taken away from us. And the "we are stronger together" message that we all bought in to at the beginning only to be separated and silenced.

TAKE BACK YOUR VOICE AND BAND TOGETHER AGAIN!!!

 

[Spark1]

I am more than willing to file a complaint against our lawyer. I am however staying in and paying to get out (I know my costs this way and will finally have closure) so I am worried about filing a complaint before I have my get out of jail card for only $25000 (aprox). Is anyone else in a similar situation? I have actively sent letters to people in AB/BC government and at the federal level so don't think I'm meek or mild. Only one response so far- not her problem- but she did forward it to someone else. When I contact MG I will be stating how I feel I was lead like a lamb to the slaughter because of his false promises. I almost paid the $13800 in March but because of this advice directly from my lawyer I changed my mind.

"I consider the payment of the Scaled Settlement Fee a reasonable option only where the individual VIA Owner has determined that they prefer to pay their way out of this Resort, can afford to do so prior to May 9, 2017, and do not want to risk being responsible for future Resort costs. Where the individual VIA Owner is not in a position to afford to pay the price Northmont requires or where they prefer to have the managerial decisions made by Northmont scrutinized before making a decision, I consider the Scaled Settlement Fee wholly unreasonable." MG's e-mail of Mar 13th

Sorry I don't know how to correctly format this but it is advice from MG on Mar 13th about whether we should settle or not. Then on Mar 22nd we received an update that can only be seen as an attempt to convince us to move forward with the court case. I do not want to copy it all (if you are members of the litigation group I hope you saved your emails) where there were statements made that lead myself (and probably many others) to believe we still had a very strong case. It mainly discussed the fact that Northmont had to pay their share of the fees and they own 50% of the resort.

Before signing the SIF (option 1) our lawyer stated "Neither side of this dispute wants a repeat of the last settlement discussions that failed to resolve the dispute between you and Northmont. " I maintain this is absolutely false as the previous e-mails continued to give us false hope (to keep us in the group) and he deliberately mislead Northmont as to how many clients were actually taking the settlement offered in March. I remember his glee at the fact that he had led them to believe the numbers paying to get out would be much higher so they had to frantically serve new documents before our court case in Edmonton in April. He acted like a kid who had pulled a great joke over on everyone.

Then as you know the group was reassured that by signing option 1 on the SIF we would still have an opportunity to reject it before an agreement was finalized. This promise also has not been kept.

So I guess my comment is I am willing to file a complaint but am nervous to do so until after I have my release. It seems that because of the way this case was dealt with we have "no moral currency left" to negotiate a better deal. Unless the judge or someone decides this is wrong and acts quickly to save us I fear things will only get worse.

Tacoma

I sent mind in also and I also sent in the Matkin letter.17.11.03.pdf. We will be doing this all over again because my wife and I were tried by Justice Young as VIA’s. We have no idea what a VIA contract is and our contract is Vacation Villa Lease. This does not make any sense we emailed Geldert Law Dec 13 and explained to him what our contract was and he never said we now are VIA. I am happy that we keep these emails.

 

[Spark1]

I agree jack.

No you could of Opped-Out. MG offered if you wanted to rescind.

 

[MarcieL]

No you could of Opped-Out. MG offered if you wanted to rescind.

Spark this is what Jack posted that I agreed to:


I think the next step is up to those that never retained M. Geldert. They need to band together, find a lawyer and go after Northmount using the Fair Trade Act of Alberta. Something MG never did.

 

[CleoB]

I don’t think that exit fee is accurate. My plan is to reduce our costs and then stay and fight.

That is what Geldert is reporting it will cost those in good standing (those that paid to stay) who want out.

 

[CleoB]

No you could of Opped-Out. MG offered if you wanted to rescind.

When was that? I don't remember receiving anything like that. Do you have a date of the email please?

 

[Floyd55]

Just got off the phone with MG in response to my email to him today. He appreciates our frustration with the process. :] He said in response to my concerns about interest rates that they are continuing to work on that aspect but with all judgements going against us it has put NM in a position to charge almost whatever they want. He said that they are working with Judge Young on the interest rate and cost aspect of the proposed settlement details right now. I guess we will see what the details are when we get the settlement email next week. The reason that he gave for not pursuing the proposed action to take NM to task on the realignment of the resort and their not paying their proportion of fees is that the resulting litigation would likely end up costing us more than if we just pay to get out now with this deal. That is his opinion and that is why he is pushing us in this direction. Not good news I'm afraid!

 

[Scammed!]

When was that? I don't remember receiving anything like that. Do you have a date of the email please?

We had 16 hours on the 28th of December 8:04 p.m. until noon December 29. We haven't decided yet, and I need to talk to a lawyer.