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

[torqued]

"...legal and factual..." Sorry, you've been inconvenienced by the Geldert Group seeking a legal affirmation of their Lease Agreement. But this is Canada and while justice doesn't always prevail, we do retain the right to seek resolution of commercial disputes through the courts of law.

Northmont won their BC Court case because they were lucky. They couldn't have imagined that Michael Geldert would swing and miss at the capital cost / operating cost issue in court (Jeke, 262-265). Actually, He didn't even swing. He stood in the dugout watching, oblivious to what was of fundamental importance. Michael Geldert doesn't understand the 'inside baseball' of litigation. From the transcripts, it appears he failed even to notice the Judge pointing to where he should take his case. Failing to establish that the lease agreements restrict the expenses to be covered by Maintenance Fees to: repairs, maintenance and other 'operating costs' necessary to execute ONLY the annual operation of the property (remember its a property, #NAFR) as validated by past operating practice was, in my opinion, complete incompetence. Not to mention failing to pursue other aspects of the CCAA, Northmont's disregard for Judge Loo's directions, and failing to establish how the RFP was not a commercially viable solution to Fairmont's problems.

When I bought in 1997, not a single Director of Fairmont, not a manager for Fairmont, not a sale person for Fairmont and certainly not a lessee imagined the contract would be interpreted to allow for lessees to pay for repairs and renovations that cost into the tens of millions and spanned multiple years to complete. Not a one.

What we have here is some Wonk, ignoring the cooperative spirit of the lease, parsed it down to fragments of clauses, seized upon and exploited the Lease's vague wording. All this came years after it was written and, despite years of operation wherein the cooperative spirit, two parties working toward a common goal, of the lease and the operation of the property (#NAFR) were aligned.

I'll tell you what is not factual. The whole darn thing. The statements of claim, from $20,000 to $100,00 payable to Northmont, are not compensating Northmont for money they could have earned. It's not compensating Northmont for money they were forced to spend. The statements are mostly interest charges. Some of that interest is based on a trumped-up estimate of work that in its entirety never was intended to be and will never be completed. Besides interest on a project that was never to be completed, there is the arbitrary exit fee. The actual Maintenance Fee is a small part. Northmont is getting their money for nothing.

Know what else is factual? Its a fact Northmont failed to do as they committed to do while negotiating under the Companies' Creditor Arrangement Act.

Know what else is factual? Northmont failed to establish a lessees association as they were instructed to and committed to doing while negotiating under the CCAA and, again by Judge Loo.

Know what else is factual? Northmont failed to pay their share of Maintenance Fees as directed by Judge Loney Loo. Not just for one year, but all years.

Know what else is factual? Most of this money will not go to the benefit of the property (#NAFR). That's right Judge Loo; it will only line the pockets of Developers. It will go to Wankel and Sunchaser in Barbados. I mean, "IF NOT THEM THEN WHO?", am I right?

If Northmont were truly in the resort business they would drastically lower the statements of claim to levels that are reasonable and that people can afford to pay and, they would work to rebuilding the public's trust of and confidence in timeshare developers. The second they closed their sales department their motives were obvious. The second they charged people to leave their motives were obvious. Seriously, what is to be gained by a corporation (its just Wankel I know but a corporation nonetheless) invoicing people for amounts of money they know they will never collect anyway? Why? What is to be gained by ruining these lives? What kind of person wants this on their conscience? And, Judge Young, are you really going to let this gross misconduct, this gross abuse of the judicial system, to happen in your courtroom?

This is a final act. Wankel will go away and Northmont will go away. Having perpetrated this heinous injustice they do not have the moral Freedom to Choose to Stay. They have to leave the Columbia Valley, Western Canada, the entire Country most likely. This is a naked, unabashed covetous craven cash grab, that signals what's to come next for the TSWOWs. I can hear the call now: "Hello this is Diamond Resorts." "Hello, this is Kirk Wankel, have I got a deal for you, ..."

Unfortunately for all of us, TSWOW included, that appears "legal and factual."

#NAFR

You my friend are spot on. You could represent the interests of this group better than MG on a bad day!

 

[wagga2650]

"...legal and factual..." Sorry, you've been inconvenienced by the Geldert Group seeking a legal affirmation of their Lease Agreement. But this is Canada and while justice doesn't always prevail, we do retain the right to seek resolution of commercial disputes through the courts of law.

Northmont won their BC Court case because they were lucky. They couldn't have imagined that Michael Geldert would swing and miss at the capital cost / operating cost issue in court (Jeke, 262-265). Actually, He didn't even swing. He stood in the dugout watching, oblivious to what was of fundamental importance. Michael Geldert doesn't understand the 'inside baseball' of litigation. From the transcripts, it appears he failed even to notice the Judge pointing to where he should take his case. Failing to establish that the lease agreements restrict the expenses to be covered by Maintenance Fees to: repairs, maintenance and other 'operating costs' necessary to execute ONLY the annual operation of the property (remember its a property, #NAFR) as validated by past operating practice was, in my opinion, complete incompetence. Not to mention failing to pursue other aspects of the CCAA, Northmont's disregard for Judge Loo's directions, and failing to establish how the RFP was not a commercially viable solution to Fairmont's problems.

When I bought in 1997, not a single Director of Fairmont, not a manager for Fairmont, not a sale person for Fairmont and certainly not a lessee imagined the contract would be interpreted to allow for lessees to pay for repairs and renovations that cost into the tens of millions and spanned multiple years to complete. Not a one.

What we have here is some Wonk, ignoring the cooperative spirit of the lease, parsed it down to fragments of clauses, seized upon and exploited the Lease's vague wording. All this came years after it was written and, despite years of operation wherein the cooperative spirit, two parties working toward a common goal, of the lease and the operation of the property (#NAFR) were aligned.

I'll tell you what is not factual. The whole darn thing. The statements of claim, from $20,000 to $100,00 payable to Northmont, are not compensating Northmont for money they could have earned. It's not compensating Northmont for money they were forced to spend. The statements are mostly interest charges. Some of that interest is based on a trumped-up estimate of work that in its entirety never was intended to be and will never be completed. Besides interest on a project that was never to be completed, there is the arbitrary exit fee. The actual Maintenance Fee is a small part. Northmont is getting their money for nothing.

Know what else is factual? Its a fact Northmont failed to do as they committed to do while negotiating under the Companies' Creditor Arrangement Act.

Know what else is factual? Northmont failed to establish a lessees association as they were instructed to and committed to doing while negotiating under the CCAA and, again by Judge Loo.

Know what else is factual? Northmont failed to pay their share of Maintenance Fees as directed by Judge Loney Loo. Not just for one year, but all years.

Know what else is factual? Most of this money will not go to the benefit of the property (#NAFR). That's right Judge Loo; it will only line the pockets of Developers. It will go to Wankel and Sunchaser in Barbados. I mean, "IF NOT THEM THEN WHO?", am I right?

If Northmont were truly in the resort business they would drastically lower the statements of claim to levels that are reasonable and that people can afford to pay and, they would work to rebuilding the public's trust of and confidence in timeshare developers. The second they closed their sales department their motives were obvious. The second they charged people to leave their motives were obvious. Seriously, what is to be gained by a corporation (its just Wankel I know but a corporation nonetheless) invoicing people for amounts of money they know they will never collect anyway? Why? What is to be gained by ruining these lives? What kind of person wants this on their conscience? And, Judge Young, are you really going to let this gross misconduct, this gross abuse of the judicial system, to happen in your courtroom?

This is a final act. Wankel will go away and Northmont will go away. Having perpetrated this heinous injustice they do not have the moral Freedom to Choose to Stay. They have to leave the Columbia Valley, Western Canada, the entire Country most likely. This is a naked, unabashed covetous craven cash grab, that signals what's to come next for the TSWOWs. I can hear the call now: "Hello this is Diamond Resorts." "Hello, this is Kirk Wankel, have I got a deal for you, ..."

Unfortunately for all of us, TSWOW included, that appears "legal and factual."

#NAFR

Fantastic letter and exactly what is happening and is goi9ng to happen.

 

[ready2go2]

[QUOTE="MgolferL, post: 2094066, member: 102108"

 

[KGB_527]

You my friend are spot on. You could represent the interests of this group better than MG on a bad day!

\

"...legal and factual..." Sorry, you've been inconvenienced by the Geldert Group seeking a legal affirmation of their Lease Agreement. But this is Canada and while justice doesn't always prevail, we do retain the right to seek resolution of commercial disputes through the courts of law.

Northmont won their BC Court case because they were lucky. They couldn't have imagined that Michael Geldert would swing and miss at the capital cost / operating cost issue in court (Jeke, 262-265). Actually, He didn't even swing. He stood in the dugout watching, oblivious to what was of fundamental importance. Michael Geldert doesn't understand the 'inside baseball' of litigation. From the transcripts, it appears he failed even to notice the Judge pointing to where he should take his case. Failing to establish that the lease agreements restrict the expenses to be covered by Maintenance Fees to: repairs, maintenance and other 'operating costs' necessary to execute ONLY the annual operation of the property (remember its a property, #NAFR) as validated by past operating practice was, in my opinion, complete incompetence. Not to mention failing to pursue other aspects of the CCAA, Northmont's disregard for Judge Loo's directions, and failing to establish how the RFP was not a commercially viable solution to Fairmont's problems.

When I bought in 1999, not a single Director of Fairmont, not a manager for Fairmont, not a sale person for Fairmont and certainly not a lessee imagined the contract would be interpreted to allow for lessees to pay for repairs and renovations that cost into the tens of millions and spanned multiple years to complete. Not a one.

What we have here is some Wonk, ignoring the cooperative spirit of the lease, parsed it down to fragments of clauses, seized upon and exploited the Lease's vague wording. All this came years after it was written and, despite years of operation wherein the cooperative spirit, two parties working toward a common goal, of the lease and the operation of the property (#NAFR) were aligned.

I'll tell you what is not factual. The whole darn thing. The statements of claim, from $20,000 to $100,00 payable to Northmont, are not compensating Northmont for money they could have earned. It's not compensating Northmont for money they were forced to spend. The statements are mostly interest charges. Some of that interest is based on a trumped-up estimate of work that in its entirety never was intended to be and will never be completed. Besides interest on a project that was never to be completed, there is the arbitrary exit fee. The actual Maintenance Fee is a small part. Northmont is getting their money for nothing.

Know what else is factual? Its a fact Northmont failed to do as they committed to do while negotiating under the Companies' Creditor Arrangement Act.

Know what else is factual? Northmont failed to establish a lessees association as they were instructed to and committed to doing while negotiating under the CCAA and, again by Judge Loo.

Know what else is factual? Northmont failed to pay their share of Maintenance Fees as directed by Judge Loney Loo. Not just for one year, but all years.

Know what else is factual? Most of this money will not go to the benefit of the property (#NAFR). That's right Judge Loo; it will only line the pockets of Developers. It will go to Wankel and Sunchaser in Barbados. I mean, "IF NOT THEM THEN WHO?", am I right?

If Northmont were truly in the resort business they would drastically lower the statements of claim to levels that are reasonable and that people can afford to pay and, they would work to rebuilding the public's trust of and confidence in timeshare developers. The second they closed their sales department their motives were obvious. The second they charged people to leave their motives were obvious. Seriously, what is to be gained by a corporation (its just Wankel I know but a corporation nonetheless) invoicing people for amounts of money they know they will never collect anyway? Why? What is to be gained by ruining these lives? What kind of person wants this on their conscience? And, Judge Young, are you really going to let this gross misconduct, this gross abuse of the judicial system, to happen in your courtroom?

This is a final act. Wankel will go away and Northmont will go away. Having perpetrated this heinous injustice they do not have the moral Freedom to Choose to Stay. They have to leave the Columbia Valley, Western Canada, the entire Country most likely. This is a naked, unabashed covetous craven cash grab, that signals what's to come next for the TSWOWs. I can hear the call now: "Hello this is Diamond Resorts." "Hello, this is Kirk Wankel, have I got a deal for you, ..."

Unfortunately for all of us, TSWOW included, that appears "legal and factual."

#NAFR

OMG!!! This is awesome. Thank you. You are hired. We just fired MG.

 

[KGB_527]

After this great summary of the issues on hand by Just Looking Around, it really drives home the incompetence, how this case was litigated. From the very beginning. Despite of some hints from the court MG was just clueless. In my case I was so hands off, I just kept sending more money as retainer when the call came in, because the litigation was in Vancouver and Edmonton. I just could not afford to take time off work, and go there and see it. I thought at that time, this is why I hired a lawyer, and he will take care of it. OMG!!! I was so WRONG.
He just added insult to injury. Was he really our lawyer working for us, or..................? Now when I have more time on my hand, it is probably too little too late. Reading thru some court documents NOW, it is just pure incompetence, and I am not a lawyer.

 

[Machete]

"...legal and factual..." Sorry, you've been inconvenienced by the Geldert Group seeking a legal affirmation of their Lease Agreement. But this is Canada and while justice doesn't always prevail, we do retain the right to seek resolution of commercial disputes through the courts of law.

Northmont won their BC Court case because they were lucky. They couldn't have imagined that Michael Geldert would swing and miss at the capital cost / operating cost issue in court (Jeke, 262-265). Actually, He didn't even swing. He stood in the dugout watching, oblivious to what was of fundamental importance. Michael Geldert doesn't understand the 'inside baseball' of litigation. From the transcripts, it appears he failed even to notice the Judge pointing to where he should take his case. Failing to establish that the lease agreements restrict the expenses to be covered by Maintenance Fees to: repairs, maintenance and other 'operating costs' necessary to execute ONLY the annual operation of the property (remember its a property, #NAFR) as validated by past operating practice was, in my opinion, complete incompetence. Not to mention failing to pursue other aspects of the CCAA, Northmont's disregard for Judge Loo's directions, and failing to establish how the RFP was not a commercially viable solution to Fairmont's problems.

When I bought in 1999, not a single Director of Fairmont, not a manager for Fairmont, not a sale person for Fairmont and certainly not a lessee imagined the contract would be interpreted to allow for lessees to pay for repairs and renovations that cost into the tens of millions and spanned multiple years to complete. Not a one.

What we have here is some Wonk, ignoring the cooperative spirit of the lease, parsed it down to fragments of clauses, seized upon and exploited the Lease's vague wording. All this came years after it was written and, despite years of operation wherein the cooperative spirit, two parties working toward a common goal, of the lease and the operation of the property (#NAFR) were aligned.

I'll tell you what is not factual. The whole darn thing. The statements of claim, from $20,000 to $100,00 payable to Northmont, are not compensating Northmont for money they could have earned. It's not compensating Northmont for money they were forced to spend. The statements are mostly interest charges. Some of that interest is based on a trumped-up estimate of work that in its entirety never was intended to be and will never be completed. Besides interest on a project that was never to be completed, there is the arbitrary exit fee. The actual Maintenance Fee is a small part. Northmont is getting their money for nothing.

Know what else is factual? Its a fact Northmont failed to do as they committed to do while negotiating under the Companies' Creditor Arrangement Act.

Know what else is factual? Northmont failed to establish a lessees association as they were instructed to and committed to doing while negotiating under the CCAA and, again by Judge Loo.

Know what else is factual? Northmont failed to pay their share of Maintenance Fees as directed by Judge Loney Loo. Not just for one year, but all years.

Know what else is factual? Most of this money will not go to the benefit of the property (#NAFR). That's right Judge Loo; it will only line the pockets of Developers. It will go to Wankel and Sunchaser in Barbados. I mean, "IF NOT THEM THEN WHO?", am I right?

If Northmont were truly in the resort business they would drastically lower the statements of claim to levels that are reasonable and that people can afford to pay and, they would work to rebuilding the public's trust of and confidence in timeshare developers. The second they closed their sales department their motives were obvious. The second they charged people to leave their motives were obvious. Seriously, what is to be gained by a corporation (its just Wankel I know but a corporation nonetheless) invoicing people for amounts of money they know they will never collect anyway? Why? What is to be gained by ruining these lives? What kind of person wants this on their conscience? And, Judge Young, are you really going to let this gross misconduct, this gross abuse of the judicial system, to happen in your courtroom?

This is a final act. Wankel will go away and Northmont will go away. Having perpetrated this heinous injustice they do not have the moral Freedom to Choose to Stay. They have to leave the Columbia Valley, Western Canada, the entire Country most likely. This is a naked, unabashed covetous craven cash grab, that signals what's to come next for the TSWOWs. I can hear the call now: "Hello this is Diamond Resorts." "Hello, this is Kirk Wankel, have I got a deal for you, ..."

Unfortunately for all of us, TSWOW included, that appears "legal and factual."

#NAFR

Excellent Summary! You have a gift with words, expressing what we all feel. Thanks!

 

[JAM DOWN]

Excellent Summary! You have a gift with words, expressing what we all feel. Thanks!

Are we sending messages directly to Judge Young's email or are we faxing and phoning?? Can't remember seeing and email address fro her?

 

[Appauled]

Are we sending messages directly to Judge Young's email or are we faxing and phoning?? Can't remember seeing and email address fro her?

This is what number that Ultimate_Betrayal shared a few days ago:

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

I called today and it worked ok. However Judge Young's assistant was away for the rest of the day and they told me to call back tomorrow:

 

[SAV]

I have read all these postings over the past days. And am new to the forum. I too have been assesses $42K and as all of you am totally surprised by this outcome. As someone said previously this seemed like such an unbelievable situation that i paid for a timeshare in 1994 (can't quite remember when) then the place goes into bankruptcy (presumably all of my entitlement for the time i paid for is gone) and then i assumed that would b e the end of it...i would just loose my investment. But then it gets bought out of bankruptcy and then they are asking me to pay to release myself...just seemed like an illegal ask. Then this reno fee...I own a timeshare not an interest in this property so how can they ask me to pay for the renovation fees...im thinking cmon that is impossible. All through this time I'm thinking this has just got to go away soon cuz someone will challenge North mount in some lower court to show how crazy this situation is and our legal system and "timeshare law" would protect consumers from this sort of injustice. But to my surprise this actually keeps going. Well OK then the legal battle starts...all of us hire Gilbert and then I'm thinking OK this will soon be over. Then all the years go by and Northmount actually wins this thing in our Canadian court system. Wow they must have good lawyers. OK well then I thought I will be charged the $8000 fee that was assessed to be in 2013 and that would be the end of it. Which is completely unfair but well thats how legal battles go sometimes (I've been involved with many over my business career and you just never know how it can go). But then they actually are able to charge for the fees every year (of a time i was prohibited from using jousting this time) and then charged 27% compounded interested for it all. It just seemed so wrong on so many levels and so illegal on so many levels that this actually can't be happening to us in this country. (i get this if it was Mexico or something)

I live in Calgary and my guess is that there are many of us who live here as well. I would like to suggest that we get together in person next week Tuesday evening to further discuss this and to see if there may be some solutions we can still pursue. I read with interest the appeal that has been started. The letters people have been writing to the Judge. The consumer affairs possibility. The RCMP angle. Anyway i think we should just get ourselves organized and see there is something we can do.

I am willing to pay for and book a room at the Carriage House in Calgary this coming Tuesday at 7:00. Lets get the word out to as many people as we can on this forum, twitter and Facebook. Let Danielle from the talk show know we are getting together so she can get the word out. Lets get the news channels know we are getting together. I don't have access to all of these things (twitter Facebook etc) so can you all help to get this moving forward. I would also be willing to reach out to some legal firms to see if someone can help us well. I have some experience in litigation and may be able to bring someone forward (or if anyone has any suggestions for legal firms)

If i get enough positive response i will confirm the meeting room. Let me know what you all think. Others from BC or Edmonton could come as well. Lets get as many people involved as possible.

I don't have huge time as i have my own business to run so any help would be great. This needs a lot of urgency as we are running very thin on time.

 

[greyskies]

I have read all these postings over the past days. And am new to the forum. I too have been assesses $42K and as all of you am totally surprised by this outcome. As someone said previously this seemed like such an unbelievable situation that i paid for a timeshare in 1994 (can't quite remember when) then the place goes into bankruptcy (presumably all of my entitlement for the time i paid for is gone) and then i assumed that would b e the end of it...i would just loose my investment. But then it gets bought out of bankruptcy and then they are asking me to pay to release myself...just seemed like an illegal ask. Then this reno fee...I own a timeshare not an interest in this property so how can they ask me to pay for the renovation fees...im thinking cmon that is impossible. All through this time I'm thinking this has just got to go away soon cuz someone will challenge North mount in some lower court to show how crazy this situation is and our legal system and "timeshare law" would protect consumers from this sort of injustice. But to my surprise this actually keeps going. Well OK then the legal battle starts...all of us hire Gilbert and then I'm thinking OK this will soon be over. Then all the years go by and Northmount actually wins this thing in our Canadian court system. Wow they must have good lawyers. OK well then I thought I will be charged the $8000 fee that was assessed to be in 2013 and that would be the end of it. Which is completely unfair but well thats how legal battles go sometimes (I've been involved with many over my business career and you just never know how it can go). But then they actually are able to charge for the fees every year (of a time i was prohibited from using jousting this time) and then charged 27% compounded interested for it all. It just seemed so wrong on so many levels and so illegal on so many levels that this actually can't be happening to us in this country. (i get this if it was Mexico or something)

I live in Calgary and my guess is that there are many of us who live here as well. I would like to suggest that we get together in person next week Tuesday evening to further discuss this and to see if there may be some solutions we can still pursue. I read with interest the appeal that has been started. The letters people have been writing to the Judge. The consumer affairs possibility. The RCMP angle. Anyway i think we should just get ourselves organized and see there is something we can do.

I am willing to pay for and book a room at the Carriage House in Calgary this coming Tuesday at 7:00. Lets get the word out to as many people as we can on this forum, twitter and Facebook. Let Danielle from the talk show know we are getting together so she can get the word out. Lets get the news channels know we are getting together. I don't have access to all of these things (twitter Facebook etc) so can you all help to get this moving forward. I would also be willing to reach out to some legal firms to see if someone can help us well. I have some experience in litigation and may be able to bring someone forward (or if anyone has any suggestions for legal firms)

If i get enough positive response i will confirm the meeting room. Let me know what you all think. Others from BC or Edmonton could come as well. Lets get as many people involved as possible.

I don't have huge time as i have my own business to run so any help would be great. This needs a lot of urgency as we are running very thin on time.

I would be interested in meeting next Tuesday. Danielle Smith did say that on her show tomorrow, she would have a lawyer that had reviewed the court documents for our case. It might give as a better indication of what our options are, if any.

Sent from my ONEPLUS A3000 using Tapatalk

 

[LilMaggie]

My friend just called me to say that she believes that she successfully got out of her timeshare agreement with a resort company in Alberta. She said that she called the TS company, explained how the timeshare was no longer of use to her and they sent her papers to sign and charged her $1000.00 to leave. They even let her out just prior to having to pay her Jan 31st maintenance fees. I hope that she is truly rid of her timeshare, and if she is, it becomes crystal clear what the motivation has been for Northmont all this time (I think we all get it by now). It appears that a legitimate vacation company is willing to work with its clients. Hmmm...

 

[Floyd55]

Hate to be the bearer of bad news again.....but I just got this reply from MG in response to my email to him earlier today asking if he was in fact meeting with Judge Young and Northmont this week to discuss the settlement details. Several posts have referred to the fact that Judge Young was reviewing costs and interest for our settlement and was to meet with lawyers from both sides. I was suspicious since we hadn't heard anything from MG, so I emailed him this morning to ask. Response below:

The “grapevine” is replete with falsehoods which I caution all my clients against putting any stock in. We are not scheduled to meet with or discussion the Settlement Agreement with Judge Young or Justice Branch. They will be informed by us regarding the settlement of the claims on behalf of those who are party to it to ensure these courts know what has happened. That will be in due course.

Please ensure you have reviewed the Settlement Documents in full to ensure you return what is required to secure your full and final release under this Settlement Agreement. Please also ensure all communications are in reply to an email from our office. As we have indicated throughout, our communications are confidential and not to be reproduced without the permission of the writer.

 

[Tanny13]

Hate to be the bearer of bad news again.....but I just got this reply from MG in response to my email to him earlier today asking if he was in fact meeting with Judge Young and Northmont this week to discuss the settlement details. Several posts have referred to the fact that Judge Young was reviewing costs and interest for our settlement and was to meet with lawyers from both sides. I was suspicious since we hadn't heard anything from MG, so I emailed him this morning to ask. Response below:

The “grapevine” is replete with falsehoods which I caution all my clients against putting any stock in. We are not scheduled to meet with or discussion the Settlement Agreement with Judge Young or Justice Branch. They will be informed by us regarding the settlement of the claims on behalf of those who are party to it to ensure these courts know what has happened. That will be in due course.

Please ensure you have reviewed the Settlement Documents in full to ensure you return what is required to secure your full and final release under this Settlement Agreement. Please also ensure all communications are in reply to an email from our office. As we have indicated throughout, our communications are confidential and not to be reproduced without the permission of the writer.

I believe Judge Young will be reviewing the submission for costs and interest only for those who did not settle. The settlement amount will not change as it has been "agreed to" by both sides.

 

[MarcieL]

My friend just called me to say that she believes that she successfully got out of her timeshare agreement with a resort company in Alberta. She said that she called the TS company, explained how the timeshare was no longer of use to her and they sent her papers to sign and charged her $1000.00 to leave. They even let her out just prior to having to pay her Jan 31st maintenance fees. I hope that she is truly rid of her timeshare, and if she is, it becomes crystal clear what the motivation has been for Northmont all this time (I think we all get it by now). It appears that a legitimate vacation company is willing to work with its clients. Hmmm...

We are in the process of getting out of Panorama resort up the road from Fairmont, only because due to health issues we are not using it. It actually has a board and volunteers that assist, very well run, cost to leave is around 3 grand.

 

[truthr]

Hate to be the bearer of bad news again.....but I just got this reply from MG in response to my email to him earlier today asking if he was in fact meeting with Judge Young and Northmont this week to discuss the settlement details. Several posts have referred to the fact that Judge Young was reviewing costs and interest for our settlement and was to meet with lawyers from both sides. I was suspicious since we hadn't heard anything from MG, so I emailed him this morning to ask. Response below:

The “grapevine” is replete with falsehoods which I caution all my clients against putting any stock in. We are not scheduled to meet with or discussion the Settlement Agreement with Judge Young or Justice Branch. They will be informed by us regarding the settlement of the claims on behalf of those who are party to it to ensure these courts know what has happened. That will be in due course.

Please ensure you have reviewed the Settlement Documents in full to ensure you return what is required to secure your full and final release under this Settlement Agreement. Please also ensure all communications are in reply to an email from our office. As we have indicated throughout, our communications are confidential and not to be reproduced without the permission of the writer.

As I and others have said many times, including many times to MG - to avoid the "grapevine" being replete with falsehoods - rather than cautioning your clients maybe send out an update informing ALL of your clients of what the truths are rather than waste valuable resources responding to individual emails and phone calls. In other words put it in writing in simple terms that are easily understood and provide whatever documents you have to confirm what you are saying.

 

[MarcieL]

Hate to be the bearer of bad news again.....but I just got this reply from MG in response to my email to him earlier today asking if he was in fact meeting with Judge Young and Northmont this week to discuss the settlement details. Several posts have referred to the fact that Judge Young was reviewing costs and interest for our settlement and was to meet with lawyers from both sides. I was suspicious since we hadn't heard anything from MG, so I emailed him this morning to ask. Response below:

The “grapevine” is replete with falsehoods which I caution all my clients against putting any stock in. We are not scheduled to meet with or discussion the Settlement Agreement with Judge Young or Justice Branch. They will be informed by us regarding the settlement of the claims on behalf of those who are party to it to ensure these courts know what has happened. That will be in due course.

Please ensure you have reviewed the Settlement Documents in full to ensure you return what is required to secure your full and final release under this Settlement Agreement. Please also ensure all communications are in reply to an email from our office. As we have indicated throughout, our communications are confidential and not to be reproduced without the permission of the writer.

Just as I assumed Floyd55.

 

[LilMaggie]

Hate to be the bearer of bad news again.....but I just got this reply from MG in response to my email to him earlier today asking if he was in fact meeting with Judge Young and Northmont this week to discuss the settlement details. Several posts have referred to the fact that Judge Young was reviewing costs and interest for our settlement and was to meet with lawyers from both sides. I was suspicious since we hadn't heard anything from MG, so I emailed him this morning to ask. Response below:

The “grapevine” is replete with falsehoods which I caution all my clients against putting any stock in. We are not scheduled to meet with or discussion the Settlement Agreement with Judge Young or Justice Branch. They will be informed by us regarding the settlement of the claims on behalf of those who are party to it to ensure these courts know what has happened. That will be in due course.

Please ensure you have reviewed the Settlement Documents in full to ensure you return what is required to secure your full and final release under this Settlement Agreement. Please also ensure all communications are in reply to an email from our office. As we have indicated throughout, our communications are confidential and not to be reproduced without the permission of the writer.

Oooops...guess you reproduced this communication without the writer's permission

 

[LilMaggie]

We are in the process of getting out of Panorama resort up the road from Fairmont, only because due to health issues we are not using it. It actually has a board and volunteers that assist, very well run, cost to leave is around 3 grand.

Sorry about your health issues, but that is great that there are TS companies that have boards and HOAs and are reasonable about relinquishing the lease! I hope you have an easy time getting out of Panorama.

 

[Appauled]

I have read all these postings over the past days. And am new to the forum. I too have been assesses $42K and as all of you am totally surprised by this outcome. As someone said previously this seemed like such an unbelievable situation that i paid for a timeshare in 1994 (can't quite remember when) then the place goes into bankruptcy (presumably all of my entitlement for the time i paid for is gone) and then i assumed that would b e the end of it...i would just loose my investment. But then it gets bought out of bankruptcy and then they are asking me to pay to release myself...just seemed like an illegal ask. Then this reno fee...I own a timeshare not an interest in this property so how can they ask me to pay for the renovation fees...im thinking cmon that is impossible. All through this time I'm thinking this has just got to go away soon cuz someone will challenge North mount in some lower court to show how crazy this situation is and our legal system and "timeshare law" would protect consumers from this sort of injustice. But to my surprise this actually keeps going. Well OK then the legal battle starts...all of us hire Gilbert and then I'm thinking OK this will soon be over. Then all the years go by and Northmount actually wins this thing in our Canadian court system. Wow they must have good lawyers. OK well then I thought I will be charged the $8000 fee that was assessed to be in 2013 and that would be the end of it. Which is completely unfair but well thats how legal battles go sometimes (I've been involved with many over my business career and you just never know how it can go). But then they actually are able to charge for the fees every year (of a time i was prohibited from using jousting this time) and then charged 27% compounded interested for it all. It just seemed so wrong on so many levels and so illegal on so many levels that this actually can't be happening to us in this country. (i get this if it was Mexico or something)

I live in Calgary and my guess is that there are many of us who live here as well. I would like to suggest that we get together in person next week Tuesday evening to further discuss this and to see if there may be some solutions we can still pursue. I read with interest the appeal that has been started. The letters people have been writing to the Judge. The consumer affairs possibility. The RCMP angle. Anyway i think we should just get ourselves organized and see there is something we can do.

I am willing to pay for and book a room at the Carriage House in Calgary this coming Tuesday at 7:00. Lets get the word out to as many people as we can on this forum, twitter and Facebook. Let Danielle from the talk show know we are getting together so she can get the word out. Lets get the news channels know we are getting together. I don't have access to all of these things (twitter Facebook etc) so can you all help to get this moving forward. I would also be willing to reach out to some legal firms to see if someone can help us well. I have some experience in litigation and may be able to bring someone forward (or if anyone has any suggestions for legal firms)

If i get enough positive response i will confirm the meeting room. Let me know what you all think. Others from BC or Edmonton could come as well. Lets get as many people involved as possible.

I don't have huge time as i have my own business to run so any help would be great. This needs a lot of urgency as we are running very thin on time.

I am willing to meet and bring a friend who also has a Fairmont Timeshare, if there is enough response and there is some course of action we can all figure out.

 

[LilMaggie]

I look forward to hearing what Danielle Smiths guest has to say tomorrow. Please tune in to AM770 in the AM and continue to text and email her with information about our situation. She is keeping this in the media and I certainly appreciate her efforts.

 

[Floyd55]

I'm confused that MG is saying no meeting going on with him and Judge Young and yet there have been posts here indicating that someone in Judge Young's office said they were meeting this week! How are we getting such erroneous info being shared on this site? Is Judge Young reviewing costs and interest fees in our proposed settlement or isn't she? Does anyone really know this for sure? I know that a lot of letters have been faxed to her office, including one from me. Anyone?

 

[wagga2650]

I believe Judge Young will be reviewing the submission for costs and interest only for those who did not settle. The settlement amount will not change as it has been "agreed to" by both sides.

I don't think any of us agreed to anything.We were supposed to see the agreement first then decide.MG decide for us and screwed us all.

 

[Punter]

talked a lot but never actually answered anything he was asked, he sounded like a timeshare salesman.

Or our lawyer....

 

[Scammed!]

Well that's all good that it was agreed upon by both sides (two men with the same interest)......but they just forgot the third party which is me. I never got to examine, or have any input into the so called settlement. How can that be legally valid? It's misrepresentation of my legal rights. I'm forced into a settlement which I never accepted or consented to.

 

[KGB_527]

I have read all these postings over the past days. And am new to the forum. I too have been assesses $42K and as all of you am totally surprised by this outcome. As someone said previously this seemed like such an unbelievable situation that i paid for a timeshare in 1994 (can't quite remember when) then the place goes into bankruptcy (presumably all of my entitlement for the time i paid for is gone) and then i assumed that would b e the end of it...i would just loose my investment. But then it gets bought out of bankruptcy and then they are asking me to pay to release myself...just seemed like an illegal ask. Then this reno fee...I own a timeshare not an interest in this property so how can they ask me to pay for the renovation fees...im thinking cmon that is impossible. All through this time I'm thinking this has just got to go away soon cuz someone will challenge North mount in some lower court to show how crazy this situation is and our legal system and "timeshare law" would protect consumers from this sort of injustice. But to my surprise this actually keeps going. Well OK then the legal battle starts...all of us hire Gilbert and then I'm thinking OK this will soon be over. Then all the years go by and Northmount actually wins this thing in our Canadian court system. Wow they must have good lawyers. OK well then I thought I will be charged the $8000 fee that was assessed to be in 2013 and that would be the end of it. Which is completely unfair but well thats how legal battles go sometimes (I've been involved with many over my business career and you just never know how it can go). But then they actually are able to charge for the fees every year (of a time i was prohibited from using jousting this time) and then charged 27% compounded interested for it all. It just seemed so wrong on so many levels and so illegal on so many levels that this actually can't be happening to us in this country. (i get this if it was Mexico or something)

I live in Calgary and my guess is that there are many of us who live here as well. I would like to suggest that we get together in person next week Tuesday evening to further discuss this and to see if there may be some solutions we can still pursue. I read with interest the appeal that has been started. The letters people have been writing to the Judge. The consumer affairs possibility. The RCMP angle. Anyway i think we should just get ourselves organized and see there is something we can do.

I am willing to pay for and book a room at the Carriage House in Calgary this coming Tuesday at 7:00. Lets get the word out to as many people as we can on this forum, twitter and Facebook. Let Danielle from the talk show know we are getting together so she can get the word out. Lets get the news channels know we are getting together. I don't have access to all of these things (twitter Facebook etc) so can you all help to get this moving forward. I would also be willing to reach out to some legal firms to see if someone can help us well. I have some experience in litigation and may be able to bring someone forward (or if anyone has any suggestions for legal firms)

If i get enough positive response i will confirm the meeting room. Let me know what you all think. Others from BC or Edmonton could come as well. Lets get as many people involved as possible.

I don't have huge time as i have my own business to run so any help would be great. This needs a lot of urgency as we are running very thin on time.

Yes, sign me in. Let us know exactly when/where. Thank you. If you can, just follow Danielle Smith tomorrow and phone in to let her know. She will spread the info about the meeting.