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

[Bewildered]

Remember every one do not ask the RCMP tell them you are joining the anti-fraud department it is your right to report fraud scam and senior abuse and white Collar Crime. Service Alberta have sent their files to the RCMP. I was working with the RCMP Today and I will get Service Alberta’s file number and if they do not give to me I will have the RCMP Do it for me. I need this so I can set up a file close to my home .I want to work as close as I can with the RCMP. They are the only friends that we have left. I will be talking with Darren Thomas tomorrow and I want to be guaranteed all the files that are sent to Service Alberta are sent to that file that Service Alberta has. I am done for today we start at 4:30AM and these been frustrating days just like for all of us but let’s keep up the fight.

Spark 1 I can tell you Darren Thomas has passed a file on years ago based on a forensic audit done by his department, obviously issues otherwise wouldn’t have been passed on. Not sure the RCMP is suddenly going to get moving on this? My humble opinion Judge Young is our only really good shot, if you haven’t contacted her office and faxed her a letter you should. By the time the RCMP gets around to anything Wankel will be long gone.

 

[Bewildered]

We received a reply from an MP suggesting to contact Wendy Booth who lives in Fairmont and is the local government Director for the area. From his perspective this unfortunate issue is a civil dispute and a class-action lawsuit by the investors would be the order of the day, rather than trying for a political resolution.
...........

Believe me, I understand that this is a civil matter; however, how can any of us continue defending our interests and rights if no lawyer wants to represent us?

Shouldn't the government be able to appoint someone that could investigate this case? There are so many issues in this case RE Northmont's fraud and corruption. Also, the legal malpractice from a lawyer representing over 1000 clients, that we feel it should be looked at by both federal and provincial governments. The property is in BC, but Northmont's offices are all located in Alberta.

We will be contacting her, if you wish to send her a note as well, here is an address: ubcm@ubcm.ca

The judge and her incomplete ruling is the key, I was told today she is studying the situation??? With no timeline available to us. My NDP MLA supposedly has no opinion and passed it on to the Justice Minister

 

[Bewildered]

Thanks for the update on your phone call.
I have been encouraging people from the "secret" facebook group to participate here on Tugbbs and I believe they are. And very much so with the letter and phoning campaigns.

All I know is that the Judge is considering something, she and everybody else on the call list should be getting hundreds of calls if people really want this. Keep up the good work

 

[CleoB]

I recently spoke to a sales person that was working in Sunchaser's sales office in Fairmont during the takeover of Fairmont by Northwynd. He told me they were doing well, profitable, making their sales targets, then one day they came in and laid everyone off and closed the sales center.
My question is why? Would it not be in Northwynd's best interest to continue selling off the inventory they had? Selling the timeshares that had turned delinquent? Does the agreement not state that Northwynd would be responsible to pay the maintenance fees of any unsold inventory? So why would they shut the sales center down?

About the same time many Sunchaser timeshares started to appear on Ebay for the sum of $1.00. I wonder who placed them there? Was this a plan?

Seems to me that Northmount must have been planning this all along. They would purchased the resort from bankruptcy (aren't some of the people with Northmount the same ones affiliated with Fairmont Resort Prperties?) send out their RPF demand and recoup their lost money.

 

[CleoB]

Remember every one do not ask the RCMP tell them you are joining the anti-fraud department it is your right to report fraud scam and senior abuse and white Collar Crime. Service Alberta have sent their files to the RCMP. I was working with the RCMP Today and I will get Service Alberta’s file number and if they do not give to me I will have the RCMP Do it for me. I need this so I can set up a file close to my home .I want to work as close as I can with the RCMP. They are the only friends that we have left. I will be talking with Darren Thomas tomorrow and I want to be guaranteed all the files that are sent to Service Alberta are sent to that file that Service Alberta has. I am done for today we start at 4:30AM and these been frustrating days just like for all of us but let’s keep up the fight.

You're right Spark. If they closed the office they never had any intent on continuing on with the resort. This RPF scam was simply a way to recoup the money they lost when Fairmont Resort Properties filed for bankruptcy.

 

[Bewildered]

Has anyone reported them to the Better Business Bureau ? At the very least they deserve 1800 complaints.

1800 calls and faxes to the judge and to the Justice Minister would have a lot more value. You think Wankel cares about the BBB when he gets $50 million?

 

[KGB_527]

Seems to me that Northmount must have been planning this all along. They would purchased the resort from bankruptcy (aren't some of the people with Northmount the same ones affiliated with Fairmont Resort Prperties?) send out their RPF demand and recoup their lost money.

Most of the mgmt heads in Northmont, are from Fairmont. The really new face is Kirk Wankle. He joined the Northwynd/Norhmont wagon in November 2012. He is the brain behind the "Freedom to choose, Reason to stay" Our problems started early into 2013.

 

[KGB_527]

If anyone is interested how this mess started, see attached. There is a plan, how to get out of financial ruin and make money of this. The read is only for the brave people 137 pgs.

 

[CleoB]

Most of the mgmt heads in Northmont, are from Fairmont. The really new face is Kirk Wankle. He joined the Northwynd/Norhmont wagon in November 2012. He is the brain behind the "Freedom to choose, Reason to stay" Our problems started early into 2013.

Yes, but maybe the talk around the lunch table was about how to get money from the owners. In 2012 KW had an "epiphany" and the Freedom to choose was born.

 

[truthr]

As many of you know Danielle Smith had another one of our group on today and did another great job of shining the light on this issue.
I could not find anything on today's show in print but here is a link to the one from the other day. Please take a moment to click on the link and leave a comment in the comment section. Even if to just thank her for her continuous coverage.

https://globalnews.ca/news/3957452/danielle-smith-timeshare-laws-need-to-change/

 

[Spark1]

Spark 1 I can tell you Darren Thomas has passed a file on years ago based on a forensic audit done by his department, obviously issues otherwise wouldn’t have been passed on. Not sure the RCMP is suddenly going to get moving on this? My humble opinion Judge Young is our only really good shot, if you haven’t contacted her office and faxed her a letter you should. By the time the RCMP gets around to anything Wankel will be long gone.

The documents that Service Alberta turned over were my documents and I also let a agent read the crooked Cancellation form and she said you are not cancelled. My documents went over to Frank Smart when he was in Calgary. The problem Service Alberta did not follow follow up with this because of the change of government. The government has been one of the worst supporters. Darren Thomas is just a yes man for service Alberta. I was on the phone for at least 40 minutes giving him *bleep*. I told him it is all the governments fault this is happening. This timeshare business is in the Canadian Consumer Handbook. Timeshare is a business that should have regulations on these owners just like any other business. Blame this government and do not let them off the hook. Northmont are predictors Darren Thomas is another MG and a yes man. We all now have to focus on the RCMP.

 

[Huckleberry]

Draft From Northmont Resort Prop Regarding Maintenance Fees
https://www.justanswer.com/canada-l...t-resort-prop-regarding-maintenance-fees.html

Mr. Wankel. Nice of you to join in on the discussion. Slow raid day?

 

[Inquiringmind]

We received the following letter today from the Provincial Court of Alberta.

January 8th, 2018


Re: Correspondence Address to Honourable Judge Young.

I take this opportunity to respond to your letter to Judge Young.

Judge Young has issued a written decision on this matter (2017 ABPC 249), and we understand an appeal of the decision has been filed. Accordingly, Judge's Young's authority is now exhausted with respect to everything except the issues of interests and costs, which are subject of a forthcoming decision. She has no power to revisit anything in the aforementioned written decision and has received submissions from counsel on the other matter, which is under consideration.

When a litigant is represented, any communications to and from Judge Young can only occur through counsel, with copies to all parties. If you are unhappy with your current legal representation, you may wish to seek alternative legal advice as to the appropriate steps to take. You may also wish to contact the Law Society of British Columbia and/or the Law Society of Alberta, as they are the organizations that govern the behavior of lawyers. If you have complaints or concerns they will be able to assist you.

Sincerely yours,

Kim Palichuk
Executive Legal Counsel

 

[Inquiringmind]

We received the following letter today from the Provincial Court of Alberta.

January 8th, 2018


Re: Correspondence Address to Honourable Judge Young.

I take this opportunity to respond to your letter to Judge Young.

Judge Young has issued a written decision on this matter (2017 ABPC 249), and we understand an appeal of the decision has been filed. Accordingly, Judge's Young's authority is now exhausted with respect to everything except the issues of interests and costs, which are subject of a forthcoming decision. She has no power to revisit anything in the aforementioned written decision and has received submissions from counsel on the other matter, which is under consideration.

When a litigant is represented, any communications to and from Judge Young can only occur through counsel, with copies to all parties. If you are unhappy with your current legal representation, you may wish to seek alternative legal advice as to the appropriate steps to take. You may also wish to contact the Law Society of British Columbia and/or the Law Society of Alberta, as they are the organizations that govern the behavior of lawyers. If you have complaints or concerns they will be able to assist you.

Sincerely yours,

Kim Palichuk
Executive Legal Counsel

This letter from Kim Palichuk executive legal counsel suggests that an appeal was filed in this case. As per provincial court appeal rules, an appeal creates a stay of proceedings. The judges decision cannot be enforced until the appeal is heard and ruled on. Does this mean our payment deadline would be postponed at least until the appeal is heard?

 

[Spark1]

Q3 Bankruptcy

Actually, I think Mr. Wankel is probably be quite accurate that Northwynd is sucking wind. However, it is not the "minority owners" that created that situation.

If I read the document correctly, he is saying that they must have access to the Project Maintenance Fees paid to date (~$5-6,000,000; based on the GST calc.) or they won't be able to pay the contractor (that is already working on work that may or may not be approved) or pay outstanding amounts to Northwynd. I understand the first issue but not sure that I am particularly sympathetic to Northwynd's management fee being delayed. I find it particularly galling that this deficit was hidden from timeshare owners for over 3 years, because there were no published financial statements. Then suddenly, tada, we're presented with statements that we owe them over $4,000,000 for costs incurred over the last 3 years.

I do find it interesting that I believe we "the minority owners" could make exactly the same argument that he does. If the Project Maintenance Fees are not put in trust (i.e. Northwynd can spend it at their will), we will NEVER see a dime of it, even if our action succeeds. They need the money to continue operating the resort and financing the construction.

Finally, did he just say that Northwynd is planning to use the funds designated for the new construction project to fund Q3 and Q4 operations?

Anyone that has been sitting on the fence about whether to inject cash (Reasons to Stay) or run away (Freedom to Choose), should look at that statement. Some (all) of the money you give them could wind up being used for things other than "re-furbishing" the facilities. And Northwynd decides how and when it gets used. The prospect is terrifying.

I honestly believe that there may be a point of compromise where the renovation amounts should be held in trust. I can see that the deficit repayment could be used to do exactly that; pay off outstanding amounts. I would have way more faith in Northwynd if they indicated a willingness to delay repayment to them as well. There are going to receive $6,000,000 if they can make the whole project move ahead.

I just know that I will say my goodbyes to the resort this summer. I have loved going there and spending time with my family. But Mr. Wankel's affidavit has proven to me that there is no winning this battle. He is correct, Northwynd is quite likely to go bankrupt and the mere mention of this fact (through his affidavit) will likely make it a self-fulfilling prophecy. No one in their right mind is going to give these guys any money for a long, long time.

I agree and look what happened to the ones that cancelled now Northwynd are also charging them the Special Assessment. What crooks. You can not stop this craziness by putting good money into a business they will bankrupt any how. It is very easy to do this. In 2013 I phoned BBB Calgary and the agent there said why would you put money into some thing like this that will Bankruped any way and it is very easy to bankrupt. This is exactly what they did in Mexico,Belize Hawaii. The timeshare people in those countries lost millions because of these same people. I know that these are the same Judges ,Norton Rose Lawyers and Trustee that scammed millions of timeshare owners and now we can include Sevice Alberta and our Judges. Every one phone service Alberta and ask them why they are supporting the fraud,scam Senior Abusers and White Collar professionals. Do not back down from these people. Also tell them you want the right to use the new bill 31 that is legal now which is prohibiting businesses from making unilateral amendments to contracts,unless the consumer is provided advance notice and given the right to cancel the contract. Tell them Northmont’s Unilateral Amendments to the VIAs are Unauthorized in 2016 and ask them why Service Alberta did not put this in place in 2016 instead of 2017. Ask them why they are now bill collectors for Northwynd seeing it is this government that did not protect timeshare owners that bought timeshares that are listed in the Canadian Consumer Handbook and we have the right to be ptotected from owners like Northwynd. Ask them why they are acting on bills after the fact or the damage is done to consumers of timeshare. Ask them is that because they are smarter than this government but by doing these bills after makes the government look good.

 

[CleoB]

The documents that Service Alberta turned over were my documents and I also let a agent read the crooked Cancellation form and she said you are not cancelled. My documents went over to Frank Smart when he was in Calgary. The problem Service Alberta did not follow follow up with this because of the change of government. The government has been one of the worst supporters. Darren Thomas is just a yes man for service Alberta. I was on the phone for at least 40 minutes giving him *bleep*. I told him it is all the governments fault this is happening. This timeshare business is in the Canadian Consumer Handbook. Timeshare is a business that should have regulations on these owners just like any other business. Blame this government and do not let them off the hook. Northmont are predictors Darren Thomas is another MG and a yes man. We all now have to focus on the RCMP.

Doesn't matter if there was a change in government. The employees (other than perhaps Deputy Ministers) stay the same.

 

[CleoB]

We received a reply from an MP suggesting to contact Wendy Booth who lives in Fairmont and is the local government Director for the area. From his perspective this unfortunate issue is a civil dispute and a class-action lawsuit by the investors would be the order of the day, rather than trying for a political resolution.
...........

Believe me, I understand that this is a civil matter; however, how can any of us continue defending our interests and rights if no lawyer wants to represent us?

Shouldn't the government be able to appoint someone that could investigate this case? There are so many issues in this case RE Northmont's fraud and corruption. Also, the legal malpractice from a lawyer representing over 1000 clients, that we feel it should be looked at by both federal and provincial governments. The property is in BC, but Northmont's offices are all located in Alberta.

We will be contacting her, if you wish to send her a note as well, here is an address: ubcm@ubcm.ca

This is no longer a civil dispute. No lawyer is willing to take this fight on so it has become a government issue. Don't let the politician sweep this under the rug. We have to continue to be aggressive on this.

 

[CleoB]

I agree and look what happened to the ones that cancelled now Northwynd are also charging them the Special Assessment. What crooks. You can not stop this craziness by putting good money into a business they will bankrupt any how. It is very easy to do this. In 2013 I phoned BBB Calgary and the agent there said why would you put money into some thing like this that will Bankruped any way and it is very easy to bankrupt. This is exactly what they did in Mexico,Belize Hawaii. The timeshare people in those countries lost millions because of these same people. I know that these are the same Judges ,Norton Rose Lawyers and Trustee that scammed millions of timeshare owners and now we can include Sevice Alberta and our Judges. Every one phone service Alberta and ask them why they are supporting the fraud,scam Senior Abusers and White Collar professionals. Do not back down from these people. Also tell them you want the right to use the new bill 31 that is legal now which is prohibiting businesses from making unilateral amendments to contracts,unless the consumer is provided advance notice and given the right to cancel the contract. Tell them Northmont’s Unilateral Amendments to the VIAs are Unauthorized in 2016 and ask them why Service Alberta did not put this in place in 2016 instead of 2017. Ask them why they are now bill collectors for Northwynd seeing it is this government that did not protect timeshare owners that bought timeshares that are listed in the Canadian Consumer Handbook and we have the right to be ptotected from owners like Northwynd. Ask them why they are acting on bills after the fact or the damage is done to consumers of timeshare. Ask them is that because they are smarter than this government but by doing these bills after makes the government look good.

I believe Bill 31 replaces the Fair Trade Act.

 

[Scammed!]

This letter from Kim Palichuk executive legal counsel suggests that an appeal was filed in this case. As per provincial court appeal rules, an appeal creates a stay of proceedings. The judges decision cannot be enforced until the appeal is heard and ruled on. Does this mean our payment deadline would be postponed at least until the appeal is heard?

The only way to find out is to call Kim Palichuk and get some answers....We are all getting the same letter.

 

[CleoB]

Q3 Bankruptcy

Actually, I think Mr. Wankel is probably be quite accurate that Northwynd is sucking wind. However, it is not the "minority owners" that created that situation.

If I read the document correctly, he is saying that they must have access to the Project Maintenance Fees paid to date (~$5-6,000,000; based on the GST calc.) or they won't be able to pay the contractor (that is already working on work that may or may not be approved) or pay outstanding amounts to Northwynd. I understand the first issue but not sure that I am particularly sympathetic to Northwynd's management fee being delayed. I find it particularly galling that this deficit was hidden from timeshare owners for over 3 years, because there were no published financial statements. Then suddenly, tada, we're presented with statements that we owe them over $4,000,000 for costs incurred over the last 3 years.

I do find it interesting that I believe we "the minority owners" could make exactly the same argument that he does. If the Project Maintenance Fees are not put in trust (i.e. Northwynd can spend it at their will), we will NEVER see a dime of it, even if our action succeeds. They need the money to continue operating the resort and financing the construction.

Finally, did he just say that Northwynd is planning to use the funds designated for the new construction project to fund Q3 and Q4 operations?

Anyone that has been sitting on the fence about whether to inject cash (Reasons to Stay) or run away (Freedom to Choose), should look at that statement. Some (all) of the money you give them could wind up being used for things other than "re-furbishing" the facilities. And Northwynd decides how and when it gets used. The prospect is terrifying.

I honestly believe that there may be a point of compromise where the renovation amounts should be held in trust. I can see that the deficit repayment could be used to do exactly that; pay off outstanding amounts. I would have way more faith in Northwynd if they indicated a willingness to delay repayment to them as well. There are going to receive $6,000,000 if they can make the whole project move ahead.

I just know that I will say my goodbyes to the resort this summer. I have loved going there and spending time with my family. But Mr. Wankel's affidavit has proven to me that there is no winning this battle. He is correct, Northwynd is quite likely to go bankrupt and the mere mention of this fact (through his affidavit) will likely make it a self-fulfilling prophecy. No one in their right mind is going to give these guys any money for a long, long time.

I heard that Wankel bought Northmount so not sure what that means if NM goes bankrupt. Does Wankel get the money?

 

[Scammed!]

We need someone representing us in front of The Honourable Judge Young....and that might mean one of us. Anyone with a little lawyer know how. I'll be there for back up.

 

[TimesharesBlow]

OK. In my opinion, here's where MG and legal team screwed up and what should have happened. When the RPF and freedom to choose reason to stay came out, MG should have advised everyone to choose that they would cancel their timeshare and leave the resort, but we would be disputing the CANCELLATION FEE in court. That way, instruction would have been given that everyone does in fact want to CANCEL but doesnt agree that they will have to pay to leave, and most likely we would have settled on a reduced cancellation fee or admin fee. There would have been no grounds for billing ongoing maintenance fees because we all would have rescinded the timeshare. It would have been only a loss on that which you have already paid. MG took the case the other way and fought the validity of the RPF. Big mistake. The problem now is if you pay the bills Northwynd is sending out, you are agreeing to stay, and giving them carte blanche forever. Northwynd, should have just let people walk who didn't want to pay the RPF(or offered a very small admin fee to leave), and then Once they had numbers of who wanted to stay, come up with the proportionate RPF to those who wanted to stay, and then give a round 2 exit. Everyone would have left(because RPF would have been too high), Northwynd would bring in investors to renovate and/or condo the units, and they could have sold those off or started a new timeshare entity. Bottom line, the cancellation fee should have been the court battle, not the RPF. Now it’s a mess for everyone and Northwynd is not smart because no one will pay these astronomical numbers in cash that gives you nothing in return. It’s turned into a total $hit show and we need to keep pressuring government now to not let this happen or get a good lawyer/mediator that can go to back to Northwynd and reiterate that everyone just wants out and maybe, only maybe, they will pay a modest admin/cancellation fee to do so.

 

[Ultimate_Betrayal]

OK. In my opinion, here's where MG and legal team screwed up and what should have happened. When the RPF and freedom to choose reason to stay came out, MG should have advised everyone to choose that they would cancel their timeshare and leave the resort, but we would be disputing the CANCELLATION FEE in court. That way, instruction would have been given that everyone does in fact want to CANCEL but doesnt agree that they will have to pay to leave, and most likely we would have settled on a reduced cancellation fee or admin fee. There would have been no grounds for billing ongoing maintenance fees because we all would have rescinded the timeshare. It would have been only a loss on that which you have already paid. MG took the case the other way and fought the validity of the RPF. Big mistake. The problem now is if you pay the bills Northwynd is sending out, you are agreeing to stay, and giving them carte blanche forever. Northwynd, should have just let people walk who didn't want to pay the RPF(or offered a very small admin fee to leave), and then Once they had numbers of who wanted to stay, come up with the proportionate RPF to those who wanted to stay, and then give a round 2 exit. Everyone would have left(because RPF would have been too high), Northwynd would bring in investors to renovate and/or condo the units, and they could have sold those off or started a new timeshare entity. Bottom line, the cancellation fee should have been the court battle, not the RPF. Now it’s a mess for everyone and Northwynd is not smart because no one will pay these astronomical numbers in cash that gives you nothing in return. It’s turned into a total $hit show and we need to keep pressuring government now to not let this happen or get a good lawyer/mediator that can go to back to Northwynd and reiterate that everyone just wants out and maybe, only maybe, they will pay a modest admin/cancellation fee to do so.

I cannot disagree with that at all - well said!!

All I ever wanted was to leave and was willing to forfeit the timeshare I had purchase a few years earlier $35k.

After that I would not have cared!!

 

[Bewildered]

The documents that Service Alberta turned over were my documents and I also let a agent read the crooked Cancellation form and she said you are not cancelled. My documents went over to Frank Smart when he was in Calgary. The problem Service Alberta did not follow follow up with this because of the change of government. The government has been one of the worst supporters. Darren Thomas is just a yes man for service Alberta. I was on the phone for at least 40 minutes giving him *bleep*. I told him it is all the governments fault this is happening. This timeshare business is in the Canadian Consumer Handbook. Timeshare is a business that should have regulations on these owners just like any other business. Blame this government and do not let them off the hook. Northmont are predictors Darren Thomas is another MG and a yes man. We all now have to focus on the RCMP.

Fair enough but I phoned around to local and Invermere RCMP and they were clueless although they patiently listened to the horror story. I put a fraud complaint in with anti-fraud in 2013 and nada.
I hear FS is now in Taber, worth trying to get a hold of him? Otherwise no idea who in the RCMP is a legit contact? Spark1 I can tell you there is some heat on the judges office just by talking to them, I believe our chance for some sort of reprieve lies with her.

 

[CleoB]

Don't know if this has been posted here before, so sorry if I'm reposting. The lawyer on this MG. Apparently the Supreme Court ruled that Club Intrawest was "not" an owner. https://www.newswire.ca/news-releas...deral-court-of-appeal-decision-635276573.html