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

[Hotpink]

This is for the US people as I don't think this firm is in Canada. Perhaps up until the Canmore issue and more recently what Northmont fiasco there has not been a niche for such a law firm.
Regardless it is a good read for a Sunday morning with a cup of coffee.
https://www.finnlawgroup.com/tag/7-consumer-protection?limit=20&limitstart=0

 

[Scammed!]

This is for the US people as I don't think this firm is in Canada. Perhaps up until the Canmore issue and more recently what Northmont fiasco there has not been a niche for such a law firm.
Regardless it is a good read for a Sunday morning with a cup of coffee.
https://www.finnlawgroup.com/tag/7-consumer-protection?limit=20&limitstart=0

Thank you gave me a great idea, and have already sent out my letter... we will see.

 

[Scammed!]

This is for the US people as I don't think this firm is in Canada. Perhaps up until the Canmore issue and more recently what Northmont fiasco there has not been a niche for such a law firm.
Regardless it is a good read for a Sunday morning with a cup of coffee.
https://www.finnlawgroup.com/tag/7-consumer-protection?limit=20&limitstart=0

Write again to the MP's and MLA's. ( MPP's in Ontario) - don't just write to your own representative, send to as many as you can but address and send each person as if it is a personal letter, not a mass email.

I wrote to several already and have had some written responses and phone calls, but basically I've been told that they can't get involved. Well......I'm going to write again and strongly remind them that yes they can get involved and in fact it IS their job to do so. They write the laws that allow these things to happen, they for sure need to be involved in the resolution. That's supposedly why we voted them in and why we pay their wages - they work for us.

Good work! Someone mentioned to only send to your MLA/MP...other wise it looks like irate people. The point is to get the message out there to everyone. Don't isolate this issue. Being on the radio is not irate people its informing the public who need to know. Letters are informing all government officials that we are standing up saying this is wrong! I did the same sent professional letters and addressed them to the person I mailed to. Lots of emails and calls back. They were very kind and helpful. You don't know what happens behind closed doors....


Here is an example: Thank you for bringing this forward to us. We have received a number of these e-mails so far and will be consulting with consumer protections about this.

 

[Petus@18]

Another contact:
The Federation of Law Societies of Canada
CONTACT US
info@flsc.ca

 

[Hey lady]

Write again to the MP's and MLA's. ( MPP's in Ontario) - don't just write to your own representative, send to as many as you can but address and send each person as if it is a personal letter, not a mass email.

I wrote to several already and have had some written responses and phone calls, but basically I've been told that they can't get involved. Well......I'm going to write again and strongly remind them that yes they can get involved and in fact it IS their job to do so. They write the laws that allow these things to happen, they for sure need to be involved in the resolution. That's supposedly why we voted them in and why we pay their wages - they work for us.

When the politician replies they can't get involved because it is a legal matter they need to know that the courts do not run the government - it is up to the government to make policies that protect the people and the court to enforce the policy

 

[Ultimate_Betrayal]

Did you have a chance to send Michael your email this weekend that your SIF Option 1 signature was obtained under false pretense and coerced?

Did you send this email to Judge Young's office with a note you did not consent to the Settlement Agreement along with the opinion you are being extorted?

Did you have a chance to forward the SIF message on to your friends on Facebook who also can do this?

If you don't speak up for yourself than accept you have selected Option 1 of the SIF and pay!!!

The message Michael is going to tell Judge Young is we did accept unless she hears otherwise as Michael isn't going to tell her he has a mutiny on his hands.


Judge Young, Northmont, and Michael have a meeting scheduled this week to discuss costs - what message do you think Judge Young will hear?

If you don't speak up to dispute the Settlement Agreement you just received it's the one Michael and Northmont will tell for you!!!


I know people are afraid be singled out and Michael has told you by not accepting "You're Fired!!!" This is what THEY want.

Unite and send a message these are not your instructions - he cannot fire us all or any of us under these pretenses but he can bully and intimidate us to think he can.

People who think this is the right thing to do today help encourage everyone else by putting up a post - UNITE and FIGHT!!!!

 

[truthr]

Did you have a chance to send Michael your email this weekend that your SIF Option 1 signature was obtained under false pretense and coerced?

Did you send this email to Judge Young's office with a note you did not consent to the Settlement Agreement along with the opinion you are being extorted?

Did you have a chance to forward the SIF message on to your friends on Facebook who also can do this?

If you don't speak up for yourself than accept you have selected Option 1 of the SIF and pay!!!

The message Michael is going to tell Judge Young is we did accept unless she hears otherwise as Michael isn't going to tell her he has a mutiny on his hands.


Judge Young, Northmont, and Michael have a meeting scheduled this week to discuss costs - what message do you think Judge Young will hear?

If you don't speak up to dispute the Settlement Agreement you just received it's the one Michael and Northmont will tell for you!!!


I know people are afraid be singled out and Michael has told you by not accepting "You're Fired!!!" This is what THEY want.

Unite and send a message these are not your instructions - he cannot fire us all or any of us under these pretenses but he can bully and intimidate us to think he can.

People who think this is the right thing to do today help encourage everyone else by putting up a post - UNITE and FIGHT!!!!

Ultimate Betrayal is so correct on all points.

Although it is important that people continue to write to the various politicians and Law Societies, the one who needs to know if you are not being represented by your representative in court is the Judge. This should not have to happen, a legal representative should be representing their clients in the most favorable, honest way; however if that is not happening what other recourse do you have??

We have been silenced for too long while our representative has misrepresented us to the courts and the courts to us.
Find your voice and speak up, but please be courteous - this is NOT the Judge's fault.

 

[CleoB]

I think every way NM is going after us - including the 20% surcharge to settle - is about collecting money to pay its huge debts of which legal fees are a portion.

If you look at NM financial statements their legal fees are included in the maintenance fees.

 

[torqued]

Correct me if I’m wrong but the only thing I’m being told I have to pay by the court is the special assessment. The rest is what NM “thinks” we should pay.

 

[Ultimate_Betrayal]

Correct me if I’m wrong but the only thing I’m being told I have to pay by the court is the special assessment. The rest is what NM “thinks” we should pay.

I am not 100% sure of your circumstances but if you are one of Michael's 1300 represented clients you should have received his email dated around Jan 10th with the amount you potentially need to pay - my special assessment was about $5,500 at the time - Michael has agreed on my behalf to over $35,000 as a result of his settlement negotiations which if left unchallenged could be binding if I sign the final documents.

The courts in this case never ruled on a settlement amount - if you are fighting a different battle I would like to be back fighting for that cost for myself.

 

[torqued]

I am not 100% sure of your circumstances but if you are one of Michael's 1300 represented clients you should have received his email dated around Jan 10th with the amount you potentially need to pay - my special assessment was about $5,500 at the time - Michael has agreed on my behalf to over $35,000 as a result of his settlement negotiations which if left unchallenged could be binding if I sign the final documents.

The courts in this case never ruled on a settlement amount - if you are fighting a different battle I would like to be back fighting for that cost for myself.

Well I signed option one but rejected it and have never received the Jan 9th settlement figures. I requested he send them but have not received anything. My frustration with MG is not letting me know where I stand. I cannot afford to “assume” I’m on my own at this point especially if he is going to going back to the table with NM. He needs to be more professional than that.

 

[Newbie2]

Since there is supposed to be a meeting this coming week between MG, NM and Judge Young I would suggest that anyone that signed option 1 and feels they were coerced into signing but do not agree with the terms....email or fax Judge Young so she knows how you feel. Otherwise MG and NM will present this to her as everyone is in total agreement. MG has made your bed but do you want to lie in it?
Provincial Court of Alberta Fax 780-427-4348

 

[Petus@18]

Well I signed option one but rejected it and have never received the Jan 9th settlement figures. I requested he send them but have not received anything. My frustration with MG is not letting me know where I stand. I cannot afford to “assume” I’m on my own at this point especially if he is going to going back to the table with NM. He needs to be more professional than that.

We are having the same issue as you. We have not seen what would our settlement figures look like. Geldert is not responding to our calls/messages. Assuming he has probably removed himself as our lawyer?
but has not let us know yet. We will be checking with the court house on Monday. If that is the case, I imagine we can contact the Judge directly as we have not find any other lawyer? Wondering if this is correct? Unless the court appoint us a new legal counsel? Does anyone know?

 

[Floyd55]

Did you have a chance to send Michael your email this weekend that your SIF Option 1 signature was obtained under false pretense and coerced?

Did you send this email to Judge Young's office with a note you did not consent to the Settlement Agreement along with the opinion you are being extorted?

Did you have a chance to forward the SIF message on to your friends on Facebook who also can do this?

If you don't speak up for yourself than accept you have selected Option 1 of the SIF and pay!!!

The message Michael is going to tell Judge Young is we did accept unless she hears otherwise as Michael isn't going to tell her he has a mutiny on his hands.


Judge Young, Northmont, and Michael have a meeting scheduled this week to discuss costs - what message do you think Judge Young will hear?

If you don't speak up to dispute the Settlement Agreement you just received it's the one Michael and Northmont will tell for you!!!


I know people are afraid be singled out and Michael has told you by not accepting "You're Fired!!!" This is what THEY want.

Unite and send a message these are not your instructions - he cannot fire us all or any of us under these pretenses but he can bully and intimidate us to think he can.

People who think this is the right thing to do today help encourage everyone else by putting up a post - UNITE and FIGHT!!!!

Just thought that I should publicly indicate that I have sent a letter to both MG and Judge Young indicating that we are not on board with this "settlement" and that the issues of costs and interest rates needs to be addressed by her. I asked that someone finally stand up to the bully KW and his legal thugs and make things right. I instructed MG that it was now time that he finally did some real defending for his clients and fight for a real settlement, not just what KW and Northmont are insisting upon. Hopefully Judge Young steps in and forces their hand this week. Fingers crossed!

 

[torqued]

If he’s going back to the table on the same issue how can he not be our attorney? And if he goes back and negotiates a settlement is he once again going to not give us the exact figures and sign on the dotted line for us and expect us to open wide and swallow?? He has to give us the facts the figures and a reasonable time frame to decide what to do. Certainly the pressure to pay now is coming from NM not MG.

 

[Ultimate_Betrayal]

Well I signed option one but rejected it and have never received the Jan 9th settlement figures. I requested he send them but have not received anything. My frustration with MG is not letting me know where I stand. I cannot afford to “assume” I’m on my own at this point especially if he is going to going back to the table with NM. He needs to be more professional than that.

Definitely professionalism and proper legal etiquette have left the building.

Have you been severed with a Withdrawal of Service notice and provided with any information as you are required to be severed as part of the procedure for Michael to follow to withdraw service along with providing the information you will need to represent yourself? If you have not been severed and believe you should have been there is the possibility paperwork has been filed with wrong contact information. You or a new legal representative will need to check the court house where your individual Statement of Claim has been filed what has been recently added to your case file.

Another part of what needs to be done by probably Strathcona Law Group is a filing additional documentation (cannot remember the name of this filing - help anyone?) also at your court house that if not filed doesn't actually release your legal representation procedurally so you and your current legal representation would remain bond to each other.

Sorry I don't know much about this yet and what gears are in motion for people who are in your current situation at this time but people who have been severed in the last couple of days are already trying to find out the answers to the same of the same questions you must have. This is just a new development and just another thing we find ourselves needing to educate ourselves about when we should have been properly informed / educated on the various options Michael has forced upon us.

The entire thing is a total mess with everything associated and nothing is being done properly by our lawyer!!!

There are clear guidelines that a lawyer needs to follow when a client is released and I understand these are not properly being followed. It is a clear violation of the Code of Conduct which Michael and the other firms he has engaged to represent you (like the Strathcona Law Group) who also have the same duty to follow and by association may get negatively caught us in these events and negatively impacted considering they are the Lawyer's on Record for most or all of us.

Document everything and hopefully more answers will be available soon as we all learn more - you are still tied to the large group so don't feel abandoned!!!

 

[Jjareed]

I contacted a farily good sized lawyers office in Washignton State who I have used in the past and wanted to pass along what they told me.

Our office does have the skill set to work on breach of contract and litigation type matters as you mentioned below. However, one area that we don't practice in is potential malpractice claims against other attorneys. Based upon the below, it sounds like you may have a claim against the attorney that represented you if he negotiated a settlement that was not consistent with your authority or if he made misrepresentations that induced you to pursue settlement.

The other concern I have is that this matter may involve Canadian laws and courts, rather than Washington or even US laws. If that is the case, then we may have some issues even addressing the contract side of the situation. For example, while the interest rate seems high (and could be unlawful in Washington on consumer transactions), it may be allowable by Canadian standards. Without viewing the underlying documents and having more information, its hard for me to figure that out.


If you signed a binding agreement that you would pay or participate in the settlement, then your failure to pay would be a breach of the agreement. They could treat this as an individual breach against you (of the settlement agreement), or a failure of the settlement as a whole against all parties. That would just depend on how it is structured. If it has the effect of revoking the settlement, then presumably the company could sue or continue with the lawsuit to enforce the debt against the class. If construed as a personal breach of the agreement, the company would have the ability to sue you personally.

The statute of limitations on a breach of contract action in Washington is 6 years from the date of breach. However, I do not know what the statute of limitations would be if Canadian law applies. If there is no tolling agreement in place while the settlements are pending, and a lawsuit has not already been filed, then the clock is running. But, if there is a tolling agreement, the clock may be "frozen" for a period and will preserve the claims that would have expired in absence of the tolling agreement.

The statute of limitations in Washington for legal malpractice is 3 years. This is something to keep in mind if you think you may have a claim against your attorney.

Have other members expressed concern that the settlement is unfair? If so, what have they done to object? Do you know if any of them have been able to reach individual settlements that are more favorable than what was proposed to your class? If so, you might see if you can separately negotiate a buy out, even if its at the $3,000 price that was initially rejected. This could be cheaper than continuing to protest the action.

Once you have had an opportunity to review this information, please let me know if you have questions and/or would like further assistance from our office.

 

[torqued]

I see Judge a Young’s fax number post but could someone please repost her email address.

 

[Mason]

Hello I’m new to the group. I live in the States. I have written our representatives. I would like to send Judge Young a e-mail too, does anyone have her e-mail? All I could find was her Fax. Nobody has mentioned the hardship option MG has given, the paperwork is extensive and must be given by Jan 24th. I dont know if giving them all that personal information is advisable, I dont know who to trust. I feel so taken advantage of. I hope the meeting between MG, NM and Judge Young this week will help.

 

[Ultimate_Betrayal]

I see Judge a Young’s fax number post but could someone please repost her email address.

I've tried many times to get this from her office and haven't had any luck - I'd love to have it to

 

[Scammed!]

UNITE and FIGHT!!!!

 

[servemeout]

Keep in mind that your personal information belongs to YOU. The PIPA Act outlines what information is protected. The Act can be read on line. The Act is almost identical for both Alberta & BC. I was told once the BC stood for "bring cash" - that is what Northwhatever wants. This is the same scam, only the location has changed.

 

[Lily123]

Did you have a chance to send Michael your email this weekend that your SIF Option 1 signature was obtained under false pretense and coerced?

Did you send this email to Judge Young's office with a note you did not consent to the Settlement Agreement along with the opinion you are being extorted?

Did you have a chance to forward the SIF message on to your friends on Facebook who also can do this?

If you don't speak up for yourself than accept you have selected Option 1 of the SIF and pay!!!

The message Michael is going to tell Judge Young is we did accept unless she hears otherwise as Michael isn't going to tell her he has a mutiny on his hands.


Judge Young, Northmont, and Michael have a meeting scheduled this week to discuss costs - what message do you think Judge Young will hear?

If you don't speak up to dispute the Settlement Agreement you just received it's the one Michael and Northmont will tell for you!!!


I know people are afraid be singled out and Michael has told you by not accepting "You're Fired!!!" This is what THEY want.

Unite and send a message these are not your instructions - he cannot fire us all or any of us under these pretenses but he can bully and intimidate us to think he can.

People who think this is the right thing to do today help encourage everyone else by putting up a post - UNITE and FIGHT!!!!

How did you get confirmation about this meeting? Is there a reference number of any kind to include on a fax to Judge Young regarding this case?

 

[torqued]

I contacted a farily good sized lawyers office in Washignton State who I have used in the past and wanted to pass along what they told me.

Our office does have the skill set to work on breach of contract and litigation type matters as you mentioned below. However, one area that we don't practice in is potential malpractice claims against other attorneys. Based upon the below, it sounds like you may have a claim against the attorney that represented you if he negotiated a settlement that was not consistent with your authority or if he made misrepresentations that induced you to pursue settlement.

The other concern I have is that this matter may involve Canadian laws and courts, rather than Washington or even US laws. If that is the case, then we may have some issues even addressing the contract side of the situation. For example, while the interest rate seems high (and could be unlawful in Washington on consumer transactions), it may be allowable by Canadian standards. Without viewing the underlying documents and having more information, its hard for me to figure that out.


If you signed a binding agreement that you would pay or participate in the settlement, then your failure to pay would be a breach of the agreement. They could treat this as an individual breach against you (of the settlement agreement), or a failure of the settlement as a whole against all parties. That would just depend on how it is structured. If it has the effect of revoking the settlement, then presumably the company could sue or continue with the lawsuit to enforce the debt against the class. If construed as a personal breach of the agreement, the company would have the ability to sue you personally.

The statute of limitations on a breach of contract action in Washington is 6 years from the date of breach. However, I do not know what the statute of limitations would be if Canadian law applies. If there is no tolling agreement in place while the settlements are pending, and a lawsuit has not already been filed, then the clock is running. But, if there is a tolling agreement, the clock may be "frozen" for a period and will preserve the claims that would have expired in absence of the tolling agreement.

The statute of limitations in Washington for legal malpractice is 3 years. This is something to keep in mind if you think you may have a claim against your attorney.

Have other members expressed concern that the settlement is unfair? If so, what have they done to object? Do you know if any of them have been able to reach individual settlements that are more favorable than what was proposed to your class? If so, you might see if you can separately negotiate a buy out, even if its at the $3,000 price that was initially rejected. This could be cheaper than continuing to protest the action.

Once you have had an opportunity to review this information, please let me know if you have questions and/or would like further assistance from our office.

Thank you for sharing that information.

 

[Palms to pines]

Jjarreed . It was nice to read a straight forward letter from an attorney, quite unlike the clear as mud letters we have been getting these past four years.