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

[Floyd55]

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

It is actually remarkable that we have a fax number for a Judge. Typically there is limited access for the general public to have contact with a judge directly. The fact that we seem to have a fax number to get documents directly to her is a bit unique. So please find a way to send a fax to her with your concerns asap! Tomorrow at the latest.

 

[Broke Mama]

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.

We live in spokane. We haven't found a lawyer to talk to that knows Canadian law. We do need to know our rights. No one has settled with Northmont that I know of.

 

[T-Dot-Traveller]

We live in spokane. We haven't found a lawyer to talk to that knows Canadian law. We do need to know our rights. No one has settled with Northmont that I know of.

I have no legal knowledge . but if it was sold across the border I would have the lawyer explore NAFTA ( clauses & violations ) etc

 

[Spark1]

When Collin Knight owned the resort we signed a Vacation Villa Lease Contract with him for 40 years. When Collin Knight went Bankruped that ended all connections to the resort. Now we have a brand new owner just like when we signed a Lease contract with Collin Knight. I feel we should of had the opportunity to sign a new Lease contract with Northwynd because when Collin Bankruped that ended the Lease. I feel we have no contract with this resort. I will check this out because this is how it works in other businesses why should it be any different with this business?

 

[Scammed!]

Correct me if I'm wrong, and I hope the hell I'm wrong.... I'm probably wrong.....last thing I want to do is start rumours. I'm just getting these light bulb moments here because we were left in the dark for so long. So we got served on March 7 2013....Is this why, I was told there was no time to negotiate further....because after 5 years it expires? So they milked us for this long on purpose to get as much interests and costs on us just before the expired contracts would take place? Threw us to the wolves with no legal recourse. If this is true that would mean 3 more weeks after February 15 we would have been freed? Nahhhh can't be. I'm starting to sound like a scam artist....but what a concept that would be to make money.

 

[Ultimate_Betrayal]

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?

Fax 780-422-2257

File Information for Alberta:
Provincial Court of Alberta Edmonton
Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249
Registry Action Number: P1490304333
Date: October 11, 2017
Decision of the Honourable Judge L.D. Young

I talked with Judge Young's assistant on Friday to follow up if my own letter had been received and she mentioned the meeting was scheduled but she did not provide the date

 

[melamike]

Fax 780-422-2257

File Information for Alberta:
Provincial Court of Alberta Edmonton
Northmont Resort Properties Ltd. v. Reid, 2017 ABPC 249
Registry Action Number: P1490304333
Date: October 11, 2017
Decision of the Honourable Judge L.D. Young

I talked with Judge Young's assistant on Friday to follow up if my own letter had been received and she mentioned the meeting was scheduled but she did not provide the date

Hi UB That is a different fax number than what has been posted for the Judge - is this a direct line?
Cheers

 

[Ultimate_Betrayal]

This is one I took from the Canadian Law List - didn't realize it was different that one we had listed here

http://www.canadianlawlist.com/listingdetail/contact/l-d-young-635909/

The Hon. L. D. Young
Assistant Chief Judge, Civil:
Provincial Court
Civil
1A Sir Winston Churchill Sq.
Edmonton, Alberta T5J 0R2
Phone: 780-422-4021
Fax: 780-422-2257

 

[Jjareed]

Correct me if I'm wrong, and I hope the hell I'm wrong.... I'm probably wrong.....last thing I want to do is start rumours. I'm just getting these light bulb moments here because we were left in the dark for so long. So we got served on March 7 2013....Is this why, I was told there was no time to negotiate further....because after 5 years it expires? So they milked us for this long on purpose to get as much interests and costs on us just before the expired contracts would take place? Threw us to the wolves with no legal recourse. If this is true that would mean 3 more weeks after February 15 we would have been freed? Nahhhh can't be. I'm starting to sound like a scam artist....but what a concept that would be to make money.

I have asked MG twice regarding whether there are any time limits on unpaid debt and he never has answered me.

 

[Scammed!]

This is one I took from the Canadian Law List - didn't realize it was different that one we had listed here

http://www.canadianlawlist.com/listingdetail/contact/l-d-young-635909/

The Hon. L. D. Young
Assistant Chief Judge, Civil:
Provincial Court
Civil
1A Sir Winston Churchill Sq.
Edmonton, Alberta T5J 0R2
Phone: 780-422-4021
Fax: 780-422-2257

These are the numbers I called and faxed over two weeks ago their correct!

 

[aden2]

I hope that Hon L.D. Young gets enough negative remarks about MG that somehow it is declared a mistrial!

 

[truthr]

If you haven't participated in the survey yet, please do as I believe it closes on January 17th, 2018.
Thank you for those who already have and we will post the results once we have them.

Here is the link
https://s.surveyplanet.com/B1wQpSUEf

 

[Spark1]

Correct me if I'm wrong, and I hope the hell I'm wrong.... I'm probably wrong.....last thing I want to do is start rumours. I'm just getting these light bulb moments here because we were left in the dark for so long. So we got served on March 7 2013....Is this why, I was told there was no time to negotiate further....because after 5 years it expires? So they milked us for this long on purpose to get as much interests and costs on us just before the expired contracts would take place? Threw us to the wolves with no legal recourse. If this is true that would mean 3 more weeks after February 15 we would have been freed? Nahhhh can't be. I'm starting to sound like a scam artist....but what a concept that would be to make money.

. These are professional scammers look what happened in Mexico,Belize and Hawaii.

 

[aden2]

This is one I took from the Canadian Law List - didn't realize it was different that one we had listed here

http://www.canadianlawlist.com/listingdetail/contact/l-d-young-635909/

The Hon. L. D. Young
Assistant Chief Judge, Civil:
Provincial Court
Civil
1A Sir Winston Churchill Sq.
Edmonton, Alberta T5J 0R2
Phone: 780-422-4021
Fax: 780-422-2257

The numbers for Civil Law are: phone 780-427-1289; fax 780-427-4348

 

[Lily123]

2092539, member: 68856"]The numbers for Civil Law are: phone 780-427-1289; fax 780-427-4348[/QUOTE]

Use this one: (called and confirmed)

[QUOTE="aden2, post:

 

[truthr]

URGENT - Danielle Smith is covering this issue again today, live at 10 AM (AB time)

here is the link to her on the air right now

For the taped version of this scroll down to my next post.

Or
For anyone who missed Danielle Smith's coverage of this issue again today.

Try this link - today's date, 10 am, click the arrow on the left to start it, the timeshare issue starts at about 8:21 minutes in

http://store.corusradio.com/audio-vault/avWidget/?s=chqram&styleon=000000&styleoff=95a5a6

 

[LilMaggie]

Thanks so much truthr!

 

[melamike]

. These are professional scammers look what happened in Mexico,Belize and Hawaii.

You are right Spark1.. I did a quick search and it seems like the problems started before the insolvency of Fairmont. There's appears to be a wake of destruction that's for sure. There's also a connection between Northwyn and Fairmont and it's people that's more than just a company picking up the assets a bankrupt company - I smell corruption!!

 

[aden2]

This is to advise Civil Court that we did not agree to any agreement that Geldert Law was forcing on us. We had agreeded to have Geldert negoitate for us, but when Geldert phoned and told us that he could not give us the amount until he was sure that we agreeded. The answer sent back to Geldert was NO. We did not agree to what was not known but to send a blank cheque to him!
We were forced into a fraudlent timeshare sales August 12, 2009. Fairmont was in receivership and later insolvent, but the phony slides and sales was a deliberate scam. Every year since January 2013 we demanded release. How can we have a contract since it was FRAUD. Service Alberta has stated many times that Northmont was in violation of the Fair Trading Act, but Michael Geldert has continually refused to listen to our instruction. How can we be charged FEES ANNUALLY when Fairmont/Northmont committed FRAUD? Where has Michael Geldert been these last few years?.

 

[greyskies]

I listened to the episode. Danielle Smith did say to contact the following individuals:
Angela Pitt - MLA (Airdrie)
Minister of Justice
Minister of Service Alberta
Judge Young.

I didnt catch the names for Justice or Service Alberta. Sorry, if this was posted previously in this thread.

Greatful that she is doing this though.

Sent from my ONEPLUS A3000 using Tapatalk

 

[Inquiringmind]

Statute of limitations in Alberta is two years. That means that the claimant has two years from the time they knew they had a claim or ought to have known they had a claim to file a statement of claim.I think that Northmont knew they had a claim against delinquent lessees When they failed to pay their annual maintenance. So two years later from that date they wouldn’t be able to file a claim, Based on the statute of limitations. And wouldn’t that limitation slide forward till 2 years ago from the judgment?

 

[mmchili]

Alberta statute of limitations
British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt. Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.

http://www.qp.alberta.ca/documents/Acts/L12.pdf
Limitation periods
3(1) Subject to subsections (1.1) and (1.2) and sections 3.1 and 11, if a claimant does not seek a remedial order within
(a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known,
(i) that the injury for which the claimant seeks a remedial order had occurred,
(ii) that the injury was attributable to conduct of the defendant, and
(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding, or
(b) 10 years after the claim arose,
whichever period expires first, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim

 

[Inquiringmind]

Alberta statute of limitations
British Columbia - Section 3 (5) of the BC Limitation Act sets 6 years as the limit for debt. Alberta - The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.

http://www.qp.alberta.ca/documents/Acts/L12.pdf
Limitation periods
3(1) Subject to subsections (1.1) and (1.2) and sections 3.1 and 11, if a claimant does not seek a remedial order within
(a) 2 years after the date on which the claimant first knew, or in the circumstances ought to have known,
(i) that the injury for which the claimant seeks a remedial order had occurred,
(ii) that the injury was attributable to conduct of the defendant, and
(iii) that the injury, assuming liability on the part of the defendant, warrants bringing a proceeding, or
(b) 10 years after the claim arose,
whichever period expires first, the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim

So do you think this would apply in our effort to reduce the total cost that Northmonte seeking?

 

[truthr]

For anyone who missed Danielle Smith's coverage of this issue again today.

Try this link - today's date, 10 am, click the arrow on the left to start it, the timeshare issue starts at about 8:21 minutes in
http://store.corusradio.com/audio-vault/avWidget/...

 

[servemeout]

It is interesting to note that during the 4 years of this dispute we could not get anyone to hear our side of the story. We did not get to tell our story in front of Judge Young. We were told by MG that we needed to go public, and now thanks to NM 's greed it has. I am hoping that this "settlement" will take them down, much like the decaying buildings of Hillside. I am sure that loss of revenue has hurt the valley merchants, thanks to fleecing us. The 11 years girl who lied about having her head covering cut made the national news, but people who PURCHASED TIME has had to fight to get their story out.