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

[Ultimate_Betrayal]

Stating not a valid email.....Ultimate Betrayal

Sorry looks like he has changed addresses

rick.bell@sunmedia.ca

 

[Lily123]

People what is going on? Followed up on my email to Stephanie McLean MLA, Minister Of Service Alberta. The lady that answered was very cordial and was surprised 1300 people were affected and said next to none calls received an appreciated me calling. This Ministry is ultimately dealing with this from the government you side of things (will be handling all ministry of justice responses also according to her). Come on people get on the phones, very simple to make a call, told her we have an impending critical deadline.
If you have time to post on this site you got time to make a phone call!

Legislature Office
103 Legislature Building
10800 - 97 Avenue NW
Edmonton, AB
Canada T5K 2B6
Phone:
780.422.6880
Fax:
780.422.2496

Her email is:
ministersa@gov.ab.ca Email and call.

We need to stop rehashing what went wrong or somebody's opinion of what should have happened. It doesn't matter, the courts have decided. Our focus needs to be on speaking to people such as Ms. McLean and Judge Young to be able to put a pause on this and potentially look at interests and other costs.

Use your voice for a purpose!!

 

[Scammed!]

I'll tell you whats disheartening. There are comments on here that I have called myself to find out are false for what ever reasons! The judge will not be sending any documentation what so ever! It would have to come from MG to us. At this time there should be no secrets everything should be on the up and up. Makes you wonder what information is being withheld from us on line. Well I'm not playing the game, I'm not that person. I don't need to be misinformed. I don't have time for games. This is what I have been informed by the higher ups that I have spoken to in the last week.....which is truly sad. Wow calling to find out we are being lied to by our own, or imposters doesn't make this group look good....

 

[truthr]

I'll tell you whats disheartening. There are comments on here that I have called myself to find out are false for what ever reasons! The judge will not be sending any documentation what so ever! It would have to come from MG to us. At this time there should be no secrets everything should be on the up and up. Makes you wonder what information is being withheld from us on line. Well I'm not playing the game, I'm not that person. I don't need to be misinformed. I don't have time for games. This is what I have been informed by the higher ups that I have spoken to in the last week.....which is truly sad. Wow calling to find out we are being lied to by our own, or imposters doesn't make this group look good....

Not sure if people are purposing lying, are misinformed, repeating what they have heard or simply throwing out ideas.
Now as far as anything coming from MG that may apply to those who chose Option 1 but what about all the others that he has literally kicked to the curb?
And what about all the misinformation or lack of information from MG himself?

 

[Been Around Awhile]

"""CANCELLATION AGREEMENT"""
""H. The VIA does not provide for termination by either Party but Northmont is prepared to permit termination on the terms and conditions set out herein.

Every contract must have a lawful purpose, capacity, consideration, and consent. In this contract, the Lessor has the capacity to provide facilities and a determined time of use. The Lessee provides the consideration, money. If the contract doesn't, as you've pointed-out, provide for either party to terminate the contract, how is it that Northmont is providing a termination? How is it that they provided the pay to go and pay to stay option previously. How is that they let people exit at all.

 

[Scammed!]

Not sure if people are purposing lying, are misinformed, repeating what they have heard or simply throwing out ideas.
Now as far as anything coming from MG that may apply to those who chose Option 1 but what about all the others that he has literally kicked to the curb?
And what about all the misinformation or lack of information from MG himself?

Not sure if option 1 is getting notified....doesn't sound like it, we haven't. Just because your in a different group be it option one or two we are still painted with the same brush and fighting the same battle....remember. Bottom line we all need legal counsel period, and sooner than later. I must say I didn't fall for a lot of requests and I'm glad I didn't. Everyone be smart think before you act. I hope we all get out of this in one piece, and not in smithereens.

 

[truthr]

Not sure if option 1 is getting notified....doesn't sound like it, we haven't. Just because your in a different group be it option one or two we are still painted with the same brush and fighting the same battle....remember. Bottom line we all need legal counsel period, and sooner than later. I must say I didn't fall for a lot of requests and I'm glad I didn't. Everyone be smart think before you act. I hope we all get out of this in one piece, and not in smithereens.

I understand we are all painted with the same brush and need to support each other.
My comment was about any information coming from MG because according to the SIF in his mind only Option 1 people are still his clients (in his mind) so he (in his mind) does NOT need to communicate anything to anyone else. Such as a minor detail of having Strathcona Law Group withdrawing as counsel on record since early December and not informing the clients that this is happening and using outdated client addresses so they are not being served correctly. And also not supplying those (in his mind) former clients with the information and documentation to protect themselves. Ya know those kind of minor details .

 

[Scammed!]

I understand we are all painted with the same brush and need to support each other.
My comment was about any information coming from MG because according to the SIF in his mind only Option 1 people are still his clients (in his mind) so he (in his mind) does NOT need to communicate anything to anyone else. Such as a minor detail of having Strathcona Law Group withdrawing as counsel on record since early December and not informing the clients that this is happening and using outdated client addresses so they are not being served correctly. And also not supplying those (in his mind) former clients with the information and documentation to protect themselves. Ya know those kind of minor details .

I agree....but again people are stating from both groups they are not getting any response what so ever!

 

[Floyd55]

Just received this reply from Service Alberta to my request that they pursue our plight with a full investigation. Not good news on this avenue I'm afraid. Seems to me that Judge Young is still in best position to impact us in a positive way. It's just frustrating that we can't really interact with her directly on this matter.

Re: Northwynd Resort Properties Ltd. / Sunchaser Premier Owners Association

Service Alberta, Consumer Investigations Unit (CIU), administers a variety of consumer statutes and may conduct an investigation when it appears that a breach of an Act under our authority may have occurred and that an investigation and enforcement action is warranted. Not all complaints result in the opening of an investigation.

Thank you for your recent correspondence. Service Alberta is aware of the concerns presented. In 2012, a complete review into the consumer contracts, financial transactions and other operating irregularities of this business (and their predecessors) was conducted. The stated review resulted in a finding that the matters were outside the mandate and jurisdiction of the Service Alberta’s Consumer Investigations Unit. In 2013, the matters were forwarded to the RCMP for consideration. The RCMP did not find enough evidence to open a criminal investigation into the matters and declined to investigate those concerns.

Since 2012 to present, additional reviews have been conducted by the CIU. The findings of this department remain the same; the concerns presented are civil in nature. The burden of proof in the regulatory and criminal court is substantially higher than the expectations in the civil court. Contractual disputes are not ongoing Fair Trading Act (Consumer Protection Act) contraventions. These matters are best resolved in the civil court due to the subjective nature of the disputes. I note that the civil courts have presented some findings with regards to the concerns presented. It would be inappropriate for Service Alberta to take any further action or to comment on the findings of the court. The CIU has no lawful oversight on the findings of the courts and we can provide no legal advice or opinion. Based on the information above, no further action will be taken by this department.

 

[truthr]

Just received this reply from Service Alberta to my request that they pursue our plight with a full investigation. Not good news on this avenue I'm afraid. Seems to me that Judge Young is still in best position to impact us in a positive way. It's just frustrating that we can't really interact with her directly on this matter.

Re: Northwynd Resort Properties Ltd. / Sunchaser Premier Owners Association

Service Alberta, Consumer Investigations Unit (CIU), administers a variety of consumer statutes and may conduct an investigation when it appears that a breach of an Act under our authority may have occurred and that an investigation and enforcement action is warranted. Not all complaints result in the opening of an investigation.

Thank you for your recent correspondence. Service Alberta is aware of the concerns presented. In 2012, a complete review into the consumer contracts, financial transactions and other operating irregularities of this business (and their predecessors) was conducted. The stated review resulted in a finding that the matters were outside the mandate and jurisdiction of the Service Alberta’s Consumer Investigations Unit. In 2013, the matters were forwarded to the RCMP for consideration. The RCMP did not find enough evidence to open a criminal investigation into the matters and declined to investigate those concerns.

Since 2012 to present, additional reviews have been conducted by the CIU. The findings of this department remain the same; the concerns presented are civil in nature. The burden of proof in the regulatory and criminal court is substantially higher than the expectations in the civil court. Contractual disputes are not ongoing Fair Trading Act (Consumer Protection Act) contraventions. These matters are best resolved in the civil court due to the subjective nature of the disputes. I note that the civil courts have presented some findings with regards to the concerns presented. It would be inappropriate for Service Alberta to take any further action or to comment on the findings of the court. The CIU has no lawful oversight on the findings of the courts and we can provide no legal advice or opinion. Based on the information above, no further action will be taken by this department.

Thank you for sharing this with all of us.

Have you sent this to Danielle Smith?
If not please do consider doing so - her email address is Danielle.smith@corusent.com

 

[greyskies]

So you fall into option 1 and you don't plan to complete the requests by Feb 15th?

Sent from my ONEPLUS A3000 using Tapatalk

 

[greyskies]

Not sure if option 1 is getting notified....doesn't sound like it, we haven't. Just because your in a different group be it option one or two we are still painted with the same brush and fighting the same battle....remember. Bottom line we all need legal counsel period, and sooner than later. I must say I didn't fall for a lot of requests and I'm glad I didn't. Everyone be smart think before you act. I hope we all get out of this in one piece, and not in smithereens.

So you fall into option 1 and you don't plan to complete the requests by Feb 15th?

Sent from my ONEPLUS A3000 using Tapatalk

 

[Floyd55]

Thank you for sharing this with all of us.

Have you sent this to Danielle Smith?
If not please do consider doing so - her email address is Danielle.smith@corusent.com

I have not sent it to her yet, just received it a few minutes ago. But good idea, I will send it to her right now.

 

[Appauled]

One question that nobody has ever answered for me from the beginning is, How can Sunchaser/Northwynd even go after time share owners who purchased prior to 2010 when the ORIGINAL owner went bankrupt in 2009?
Should that alone not have cancelled everyone's commitment? Wouldn't have Sunchaser/Northwynd as a different company have to approach all the timeshare owners and sign NEW agreements??

 

[truthr]

One question that nobody has ever answered for me from the beginning is, How can Sunchaser/Northwynd even go after time share owners who purchased prior to 2010 when the ORIGINAL owner went bankrupt in 2009?
Should that alone not have cancelled everyone's commitment? Wouldn't have Sunchaser/Northwynd as a different company have to approach all the timeshare owners and sign NEW agreements??

Not sure about that. I have many contracts with various companies (ie., insurance) that the companies have been sold and they just "grandfather" my contract. I would think they only require you to sign if they make changes that are not within the original contract, but from my understanding that is part of what the Trustee's Petition was about. You know the one we have been fighting for the past four years only to have our lawyer walk away at the 11th hour to get the wonderful settlement for some of his clients.

 

[Been Around Awhile]

OK. In my opinion, here's where MG and legal team screwed up ...

I don't disagree. I would remind you of the proper contexts. Kirk Wankel had an epiphany. That is what started this travesty. They needed money. Who could they possibly get money from? They couldn't start another REIT; people already knew they weren't good investors. They couldn't run a resort so grinding it out year-over-year through a profitable business wasn't going to work. Their only real stream of income was from the lessees. How could they extract one time payments from lessees? Big repairs! Something major like water pipes and foundations. If the lessees don't want to pay it, they can pay to leave. They decided to monetize the lease. Either way, leave or stay, Northmont got a one-time payment from each lessee. All the rest was just camouflaging their true intent.

Don't forget they never formed an association to sincerely run the property for the betterment of the lessees and other paying guests.

Don't forget they didn't consult anyone with real credentials on the redesign they performed on the renovated units.

It is not a resort. They don't focus on processes or improving the guest experience. They think they can simply redesign the units and do everything else the same and it will somehow be different. Or, they think these redesigned units can be repurposed as condos after they have jettisoned all of the lessees, which is probably coming.

This has all the earmarks of someone playing a digital game, not someone who wants to roll-up their sleeves and work with the staff and lessees to create valued guest experiences and, over time, make a resort. It has the earmarks of an accountant.
#NAFR

 

[Scammed!]

So you fall into option 1 and you don't plan to complete the requests by Feb 15th?

Sent from my ONEPLUS A3000 using Tapatalk

Did I say that??????? Don't you think we already have enough rumours going around right now? I would advise you not to put words in my mouth.

 

[LilMaggie]

Just received this reply from Service Alberta to my request that they pursue our plight with a full investigation. Not good news on this avenue I'm afraid. Seems to me that Judge Young is still in best position to impact us in a positive way. It's just frustrating that we can't really interact with her directly on this matter.

Re: Northwynd Resort Properties Ltd. / Sunchaser Premier Owners Association

Service Alberta, Consumer Investigations Unit (CIU), administers a variety of consumer statutes and may conduct an investigation when it appears that a breach of an Act under our authority may have occurred and that an investigation and enforcement action is warranted. Not all complaints result in the opening of an investigation.

Thank you for your recent correspondence. Service Alberta is aware of the concerns presented. In 2012, a complete review into the consumer contracts, financial transactions and other operating irregularities of this business (and their predecessors) was conducted. The stated review resulted in a finding that the matters were outside the mandate and jurisdiction of the Service Alberta’s Consumer Investigations Unit. In 2013, the matters were forwarded to the RCMP for consideration. The RCMP did not find enough evidence to open a criminal investigation into the matters and declined to investigate those concerns.

Since 2012 to present, additional reviews have been conducted by the CIU. The findings of this department remain the same; the concerns presented are civil in nature. The burden of proof in the regulatory and criminal court is substantially higher than the expectations in the civil court. Contractual disputes are not ongoing Fair Trading Act (Consumer Protection Act) contraventions. These matters are best resolved in the civil court due to the subjective nature of the disputes. I note that the civil courts have presented some findings with regards to the concerns presented. It would be inappropriate for Service Alberta to take any further action or to comment on the findings of the court. The CIU has no lawful oversight on the findings of the courts and we can provide no legal advice or opinion. Based on the information above, no further action will be taken by this department.

Thank you for this valuable information.

 

[Been Around Awhile]

One question that nobody has ever answered for me from the beginning is, How can Sunchaser/Northwynd even go after time share owners who purchased prior to 2010 when the ORIGINAL owner went bankrupt in 2009?
Should that alone not have cancelled everyone's commitment? Wouldn't have Sunchaser/Northwynd as a different company have to approach all the timeshare owners and sign NEW agreements??

Well yes, but no. During bankruptcy, they convinced the court that everyone was supportive of their plans to make a bigger and better resort. They misled the court into thinking 'everyone' when they meant the Developer and bond-holders. They didn't ask those who were paying for the $40,000,000 renovation. Had they asked me I'd have said sell the properties and pay the creditors. I wouldn't have thrown good money after bad. "Know when to hold 'em. Know when to fold 'em."
#NAFR

 

[Been Around Awhile]

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.

I think at this point the Judge would rather hear from you than a lawyer.
#NAFR

 

[greyskies]

Did I say that??????? Don't you think we already have enough rumours going around right now? I would advise you not to put words in my mouth.

The purpose of my replay was not to make accusations, but only to get clarity of your previous statement.

Sent from my ONEPLUS A3000 using Tapatalk

 

[Appauled]

MG has failed us miserably.
The original Fairmont Resort Company that sold me my 8100 building time share in 2006, also had Houseboats in the Shushwap, (they had one parked next to the Recreation Center for viewing), and timeshares in Kelowna, Hawaii and Belize, that were are exclusive to Fairmont Resort Timeshare owners and all part of the original Fairmont Resort Company that went Bankrupt and sold off by Sunchaser/Northwynd. Along with promises of more buildings going up around the LONE 8100 building and the addition of an other pool in that area! They were also supposed to put a bowling alley in the lower level of the 8000 building.
Sunchaser/Northwynd has not followed through with those things. Shouldn't have the sale of those other assets along with the closure of the timeshare sales center put them in breach of contract and expecting the remaining owners to carry all the costs and more with crooked Fees, interest and court judgments, all when the righting is on the wall, that Sunchaser will still not be able to keep operating when they have no new owners coming in to replace the ones that Sunchaser allowed people to buy out of their contracts? All while Sunchaser is not even paying the maintenance fees for the Timeshares they got back???
How can any judge say this is not a breach of any contract on Sunchasers behalf?

 

[LilMaggie]

Well yes, but no. During bankruptcy, they convinced the court that everyone was supportive of their plans to make a bigger and better resort. They misled the court into thinking 'everyone' when they meant the Developer and bond-holders. They didn't ask those who were paying for the $40,000,000 renovation. Had they asked me I'd have said sell the properties and pay the creditors. I wouldn't have thrown good money after bad. "Know when to hold 'em. Know when to fold 'em."
#NAFR

I am most certainly done with throwing good money after bad.
The courts have ruled, on more than one occasion, that the shenanigans Northwynd has pulled over the years are legal. Yay for big business
Now what protection do we have from the random interest rates that we have been assessed. We do not owe a credit card company...where did these 26%+ rates originate from and who can reduce them down to a reasonable level?

 

[KGB_527]

Well yes, but no. During bankruptcy, they convinced the court that everyone was supportive of their plans to make a bigger and better resort. They misled the court into thinking 'everyone' when they meant the Developer and bond-holders. They didn't ask those who were paying for the $40,000,000 renovation. Had they asked me I'd have said sell the properties and pay the creditors. I wouldn't have thrown good money after bad. "Know when to hold 'em. Know when to fold 'em."
#NAFR

Yes , this is the golden principle to investing.
Unfortunately you need a lot of internal dicipline to NOT succumb to your emotions. FEAR or GREED.
I also received the same letter from Service Alberta as in msg#3144. I guess politicians, judges, law enforcement likes to keep their heads in the sand, collect their fat pay, and don't associate themselves with some fringe group of 1300 Albertans. If they just came in to this country as refugees, then it would be an opportunity for them to shine, to score some big political points. Like our PM.

 

[Floyd55]

I am most certainly done with throwing good money after bad.
The courts have ruled, on more than one occasion, that the shenanigans Northwynd has pulled over the years are legal. Yay for big business
Now what protection do we have from the random interest rates that we have been assessed. We do not owe a credit card company...where did these %26+ rates originate from and who can reduce them down to a reasonable level?

I believe that Judge Young has the power to take that one on, if she will decide to do so. We certainly deserve to have something go our way in this whole mess!