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

[DisgustedinWA]

Hope these pages from Fairmont Prospectus in 1996 might help some of your contacts in Canada understand what was promised in 1996. It seems pretty obvious to me, but I can only read the words.

 

[MgolferL]

You are not happy paying additional maintenance fees for those in arrears? Why are you? Why didn't Northmont just take those units back and resell them? Then those who wanted to leave would have, quietly, and those who wanted to stay could have continued to enjoy the property without any additional fees. You have no problem putting millions into Northmont's pockets (Kirk Wankel)? We are paying maintenance fees from the last 4 years and we've had no use of our timeshare. Perhaps if those who chose to pay and stay would step up and voice their displeasure, not with those of us who are being charged exorbitant fees just because we were trying to right a wrong, but with those in management who have totally taken advantage of ALL of us who bought a lease for time only, we would all be in a better place.

By the way, where did you get all this information that no one else seems to be privy to?

Agree totally with Tanny13... especially the part about leaving quietly and letting life go on...TSWOW, why are you wasting everyone's time by participating? A diversion perhaps to stop people from doing the work we have set out to do because of being surrounded by ineptness and greed to this point? Why not just sign off, think your comments to yourself and have a nice life. I was involved in another company...not vacation related, where a conniving accountant who thought he could rule the world destroyed the company many others spent a life time building. HE destroyed many people, most of which have not recovered 15 years later. Any comments on how to move ahead to prevent this travesty are welcome. Any others are merely taking up space....so speaking for myself...TSWOW...GO AWAY ...PLEASE!!

 

[Petus@18]

We received this message from a MLA today:

Thank you for writing to me on this matter. I am so sorry to hear about what you are going through. You are not alone in this; we have been receiving numerous letters.

As you are no doubt aware, courts in both Alberta and British Columbia have found that Northmont Resort Properties Ltd. was within its contractual rights to charge the renovation fees requested. The court’s judgement also allows Northmont to collect interest and costs from owners. I understand that this is not the result that you and other owners were hoping to obtain from the legal proceedings and how stressful this is financially. Again, I am so sorry to hear about this. Because the courts are independent from the government, the government cannot overrule a court decision.

If you are concerned about the legal advice you had received throughout the process, you might consider contacting the Law Society in the province where your lawyer practices. Law Societies regulate the legal profession and enforce standards of professional conduct. If they receive a complaint, they have the authority to investigate the conduct and competence of the lawyer in question. Following are the links to the Law Societies in Alberta and British Columbia with more information:

https://www.lawsociety.ab.ca/public/

https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/

Furthermore, while I recognize this would unfortunately not help in your individual case, if you think the laws addressing the area of timeshare ownership are in need of change to better protect consumers in the future, I would encourage you to contact Stephanie McLean, the Minister for Service Alberta. I will also pass on your concerns to the Minister to ensure that she is aware of the issue.
------
Same all same, nobody seems to want to take action!

 

[Machete]

Legacy for Life co-owners and others like myself who bought at Sunchaser in 2010 or later supposedly obtained a "fee simple co-ownership interest" in Sunchaser Resort Villas. Fee simple ownership is defined as following: "In this system you purchase an actual deeded interest in real estate, which is recorded with the land court or other proper authorities and for which you receive a title in perpetuity." So according to this, Sunchaser sold me an actual piece of property at Sunchaser. Thats odd, because according to other sources, Sunchaser Resort is owned by NP Reit unit holders and/or Kirk Wankel in his numbered company. Owners interests are registered with the trustee, Philip Matkin. So in other words, they sold the same property multiple times? How many people can have deeded interest in the same property? Seems kind of like me offering my car for sale, so someone come s along, gives me the money and says he'll pick it up tomorrow once he gets his plates. In the meantime, another person comes along and wants to buy it, so I take his money too, and he drives away with the car. I think that's called fraud and you can bet I'll be charged for it. So has anyone pursued this line of action yet?

 

[Appauled]

I just want to ask you are you sure you well be released? I just want to tell every one that because of every one sending in tons of mail into Service Alberta, Sevice Alberta has now set up a Consumer Investigation Unit in Calgary. In other words they have set up a file with the Canadian antifraud centre in Ontario. What would be great if every one of us now contact your Local RCMP and tell them you want to report fraud and this is your right to do this. If you feel you paid out money for a product and you are not receiving it because of the Freedom to Choose report it to the RCMP. Tell your Local RCMP that Service Alberta are now doing Consumer Investigation in Calgary. The RCMP might ask you to phone them and get the file number for them. You can not do that only the RCMP Can get that number. So have the RCMP phone Mike Erishanko at 403-297-8387 and they will give them the file no. Now your Local RCMP will give you a file Number. This took me 15 minutes and it was all set up. The RCMP will ask you to start from scratch and write out your whole story about how Northwynd Frauded you. If you paid money up front and now you are not allowed to use the resort because of the freedom to Choose this is Fraud. Their cancellation agreement is ambiguous and they talk about VIAS,that is not in my Contract we have a Vacation Villa Lease Contract . The other Special Assessments is not in a Lease Agreement. Ours is a right to use and at the end of the lease you have no ownership rights in the property. We are getting Hugh maintenance bills and we have not been able to use the resort for almost 5 years,how does that work. Geldert Law said he tried to make some kind of deal so we could use the resort but Northwynd did not want any part of that. We paid thousands of dollars up front so we could use that resort for 40 years with our simple Lease Contract and Northmont closed the door on us to force us to pick one of their chooses. The one that they were hoping we all would pick was to cancel. So this is Fraud when you pay out all that money and you can not use that service. Timeshare is in the Canadian Consumer Handbook and it is legal to sell this product and let’s demand protection from these governments and tell them to close the door to Fraud with this timeshare industry. My so called maintenance fees doubled from 2016 to 2017 what would of it been if we used the resort. We never had a problem for 12 years until the Northwynds greed set in. We need every one to do this and this well help the Investigation. Remember what we hired the Lawyer for,that was to protect our Contract. I do not care what Northmont calls it now this is not the case our contract was what we had in 2013. They quickly made changes to make it look like our contract is different from what we had in 2013 do not allow them to do this. We are going to be busy working with The RCMP and have a meeting with them on Jan29. Carry on the great work that you have been doing.

Perhaps Spark1 has the right solution and we all report to the RCMP since the government doesn't want to get involved!

 

[Inquiringmind]

Called provincial court this morning in Edmonton. Asked if they were any appeals on the 149030-4333 court case. Was told that an appeal was filed November 8, 2017 By James Reid. I believe James Reed was the original adversary with Northmont in the court case. The appeal number is court of Queens bench 170322524. I asked the clerk for particulars of the appeal and she went to look for the file and then informed me that the file was checked out to Judge Young. Sidenote, when an action is under appeal, it may or will create a stay of proceedings until the appeal is heard

 

[Tacoma]

TSWOW if you truly are a happy owner you are lucky now. Many of us loved this timeshare and the valley it was in. We spent a lot of money there and I'm sure it was a regular vacation spot for many of us. I hope you will continue to enjoy your time but unfortunately this is what I see in your future- increasing maintenance fees in spite of the major cash the company is going to get, less availability of good trades if you like to trade to different places since no one will want to go there, more cash grabs in the future since no $ amount seems to be enough for this company, and if you need to get out for any reason are you aware there is no exit clause in your contract? Plan to try and sell it or even give it away -good luck anyone who has any knowledge will never touch this property again. Legacy for Life you will NEVER get out. If you have children please do them a favor and tell that that when you die they can refuse any of your assets. Tell them to not accept this "gift" if you have children and love them.

 

[torqued]

I’m confused. This is an appeal to what particular decision??

 

[Inquiringmind]

I’m confused. This is an appeal to what particular decision??

Court case number P1490304333. This is the main court case we are talking about. Look up the number at court of Queens bench Edmonton.

 

[truthr]

Called provincial court this morning in Edmonton. Asked if they were any appeals on the 149030-4333 court case. Was told that an appeal was filed November 8, 2017 By James Reid. I believe James Reed was the original adversary with Northmont in the court case. The appeal number is court of Queens bench 170322524. I asked the clerk for particulars of the appeal and she went to look for the file and then informed me that the file was checked out to Judge Young. Sidenote, when an action is under appeal, it may or will create a stay of proceedings until the appeal is heard

That is very interesting that they would give you that information over the phone and good that they did.
I called that same court house on November 20th and was told there was an appeal filed but they could not tell me anymore over the phone I would have to go to the court which I couldn't because I am not in AB anymore.
So I had someone go to the courthouse to request what they call a "Procedure Card"
According to the Procedure Card the appeal was filed on November 15th, 2017. And a transcript of the court proceedings were ordered.
Why have we not received a copy of the transcripts??? It would appear that someone in our "legal" team has them.

Also for the BC people - an appeal was filed and subsequently "squashed" on November 10th, 2017. Not just dismissed but SQUASHED!!
Which means that the transcripts from the Judge Branch hearing should also be with our "legal" team. Has anyone seen those??

 

[aden2]

Confirmed today than an appeal was filed. There is a concern that not all the contracts that Northmont claims are valid. How were the contracts administered, was it when Fairmont was insolvent? This would make those contracts invalid, and perhaps criminal chargers forthcoming.

 

[Palms to pines]

Legacy for Life co-owners and others like myself who bought at Sunchaser in 2010 or later supposedly obtained a "fee simple co-ownership interest" in Sunchaser Resort Villas. Fee simple ownership is defined as following: "In this system you purchase an actual deeded interest in real estate, which is recorded with the land court or other proper authorities and for which you receive a title in perpetuity." So according to this, Sunchaser sold me an actual piece of property at Sunchaser. Thats odd, because according to other sources, Sunchaser Resort is owned by NP Reit unit holders and/or Kirk Wankel in his numbered company. Owners interests are registered with the trustee, Philip Matkin. So in other words, they sold the same property multiple times? How many people can have deeded interest in the same property? Seems kind of like me offering my car for sale, so someone come s along, gives me the money and says he'll pick it up tomorrow once he gets his plates. In the meantime, another person comes along and wants to buy it, so I take his money too, and he drives away with the car. I think that's called fraud and you can bet I'll be charged for it. So has anyone pursued this line of action yet?[. Not sure if this is exactly how to do a reply. Legacy for Life was a money grab and a scam. The promotion was an add- on to your existing lease to convert your time to points and you could will it to your heirs. They weren’t even saying we bought land or buildings, or a piece of land or buildings. If they had and said we were responsible to renovate and reconstruct those buildings until the end of time no one would have gone for that deal. I have registered at Canada Fraud agency.

 

[Palms to pines]

Machete: I didn’t know how to do the quote/reply properly, sorry. My response is on the lower part of your text.

 

[Scammed!]

Called provincial court this morning in Edmonton. Asked if they were any appeals on the 149030-4333 court case. Was told that an appeal was filed November 8, 2017 By James Reid. I believe James Reed was the original adversary with Northmont in the court case. The appeal number is court of Queens bench 170322524. I asked the clerk for particulars of the appeal and she went to look for the file and then informed me that the file was checked out to Judge Young. Sidenote, when an action is under appeal, it may or will create a stay of proceedings until the appeal is heard

Sidenote: We need confirmation on this.....very interesting

 

[KGB_527]

Judging from the couple of postings here and from the email from Alberta Premier's office we can draw some conclusion that there is something in the works. What is it is anybody's guess?
Will this be to stop this nightmare entirely, probably not? For this to happen, it would have to be pretty strong order coming from Justice Minister to overrule decision of Justice Young.
I do not want to get my hopes too high, however I think that someone, somewhere is coming to his/her senses saying; we really have to help these people. This 5 years case smells really bad.
I hope my prayers will be answered, ... thanks God.

 

[Bewildered]

We received this message from a MLA today:

Thank you for writing to me on this matter. I am so sorry to hear about what you are going through. You are not alone in this; we have been receiving numerous letters.

As you are no doubt aware, courts in both Alberta and British Columbia have found that Northmont Resort Properties Ltd. was within its contractual rights to charge the renovation fees requested. The court’s judgement also allows Northmont to collect interest and costs from owners. I understand that this is not the result that you and other owners were hoping to obtain from the legal proceedings and how stressful this is financially. Again, I am so sorry to hear about this. Because the courts are independent from the government, the government cannot overrule a court decision.

If you are concerned about the legal advice you had received throughout the process, you might consider contacting the Law Society in the province where your lawyer practices. Law Societies regulate the legal profession and enforce standards of professional conduct. If they receive a complaint, they have the authority to investigate the conduct and competence of the lawyer in question. Following are the links to the Law Societies in Alberta and British Columbia with more information:

https://www.lawsociety.ab.ca/public/

https://www.lawsociety.bc.ca/complaints-lawyer-discipline-and-public-hearings/

Furthermore, while I recognize this would unfortunately not help in your individual case, if you think the laws addressing the area of timeshare ownership are in need of change to better protect consumers in the future, I would encourage you to contact Stephanie McLean, the Minister for Service Alberta. I will also pass on your concerns to the Minister to ensure that she is aware of the issue.
------
Same all same, nobody seems to want to take action!

Exact same crap I heard from Kim Palichuk, she was even worse. What none of these government bureaucrats fail to accept is that Judge Young DID NOT decide on interest, in fact gave direction on that if you look at the decision in Alberta and I don’t think she was thinking 26.8% was acceptable. I’m embarrassed to be an Albertan, NDP showing it’s useless and our provincial judicial system looking like a joke.

 

[Bewildered]

RE: Post 3142;
Water Leaks; in what shape would the resort be in if the water leaks and repairs are not done? There would have been complaints about the condition of the resort. The exterior of Riverside looked awful in addition to the interior. I found that those who stayed in a renovated unit have posted positive reviews
on Sunchaser's website and other travel sites.

Association; A survey was done by Northmont in late 2011 with very few respondents and very few in agreement with having an association. Were the timeshare owners afraid of having to pay increased maintenance fees to fund an Association?

Credentials; What facts are there to support the claim of "real credentials"? Have a look at the drawings and check out the credentials.

Re-designed units repurposed as condos; Northmont committed to renovate, redesign, repair those units which remained as timeshares to accommodate those who "paid to stay". Those units not required because of those who "paid to leave" would not be renovated, etc. and would be separated/realigned from the resort.
I have stayed in a renovated unit in Riverside and found it to be very nicely redone; inside and outside. I fully support Northmont's plan of realignment.

Come on tswow the little that has been done was easily covered by people paying the first ransom and others that have bailed since. How about the $50 million or so Wankel and his friends (you?) will be disappearing with. Read the facts, he’s done this before, he’s doing it again and up to now BC and Alberta are allowing it to happen. Seriously you don’t really think you’re going to live happily ever after do you? The day they asked for the first cash call and I said what’s stopping you from asking for another a year or two down the road and the answer was “nothing” I knew we were doomed. Thanks to M.G. the issue has just compounded much like our 26.8% interest.

 

[Jack0123]

TSWOW if you truly are a happy owner you are lucky now. Many of us loved this timeshare and the valley it was in. We spent a lot of money there and I'm sure it was a regular vacation spot for many of us. I hope you will continue to enjoy your time but unfortunately this is what I see in your future- increasing maintenance fees in spite of the major cash the company is going to get, less availability of good trades if you like to trade to different places since no one will want to go there, more cash grabs in the future since no $ amount seems to be enough for this company, and if you need to get out for any reason are you aware there is no exit clause in your contract? Plan to try and sell it or even give it away -good luck anyone who has any knowledge will never touch this property again. Legacy for Life you will NEVER get out. If you have children please do them a favor and tell that that when you die they can refuse any of your assets. Tell them to not accept this "gift" if you have children and love them.

Come on tswow the little that has been done was easily covered by people paying the first ransom and others that have bailed since. How about the $50 million or so Wankel and his friends (you?) will be disappearing with. Read the facts, he’s done this before, he’s doing it again and up to now BC and Alberta are allowing it to happen. Seriously you don’t really think you’re going to live happily ever after do you? The day they asked for the first cash call and I said what’s stopping you from asking for another a year or two down the road and the answer was “nothing” I knew we were doomed. Thanks to M.G. the issue has just compounded much like our 26.8% interest.

 

[Jack0123]

Spoke to a Bankrupt trustee today, being senior citizens on a limited income they suggested if there was no exit clause to give the until back we are certainly in a position to declare bankruptcy, which will have a bad effect on our credit rating but at age 75 does it really matter?

 

[Timesharewhoas]

Tomorrow is twitter day.

Twitter.com
Get an account
Find Sunchaser northwynd timeshare bc
@timesharewhoa
Tweet and retweet
Never done it? Either had I. All the people to send tweets to will be available. Then make your own and send them out. The more retweets, the more noticed we get. #changecanadiantimesharelaw

 

[KGB_527]

Tomorrow is twitter day.

Twitter.com
Get an account
Find Sunchaser northwynd timeshare bc
@timesharewhoa
Tweet and retweet
Never done it? Either had I. All the people to send tweets to will be available. Then make your own and send them out. The more retweets, the more noticed we get. #changecanadiantimesharelaw

How about different hashtag like "#Stopthistimeshareripoof".?

 

[Wankel=crook]

New people to the site are exactly what is needed to continue the pressure but the need for calls and emails to all the elected officials already shown on this site is paramount:Alberta and BC Justice Ministers, Judge Youngs Office, the Service Alberta Minister, the AB and BC legal societies etc.

I'm new not easy to figure this site

 

[Wankel=crook]

I'm new in here just trying figure out how to get around

 

[greyskies]

I'm new in here just trying figure out how to get around

Welcome!

Sent from my ONEPLUS A3000 using Tapatalk

 

[Spark1]

Exact same crap I heard from Kim Palichuk, she was even worse. What none of these government bureaucrats fail to accept is that Judge Young DID NOT decide on interest, in fact gave direction on that if you look at the decision in Alberta and I don’t think she was thinking 26.8% was acceptable. I’m embarrassed to be an Albertan, NDP showing it’s useless and our provincial judicial system looking like a joke.

Send it back and say you do not need these form letters. Tell them to get off their ass and do something. They are responsible to protect us from this timeshare Fraud. They work for us and this is Canadian Consumer Protection which we never got. Let’s sue the government. Right now there is no one to vote for in Alberta 2019.