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

tssuck said:
I am a Canadian and spoke to our Canadian lawyer on behalf of an American friend caught up in this mess. You may be better off talking to an American lawyer in our State.
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I spoke to an attorney here in Washington. She is not a TS attorney and told me that she could not give me a lot of advice on that aspect but she did say that due to reciprical agreements between the US and Canada the states recognizes judgements in Canada and that it isn't too difficult to enforce them in the states. She didn't know the exact process but did think that they could bring a judgement across the border and get it enforced here.
 
Stung said:
Indeed, it is crunchtime!

If you haven't already, please show your support by doing something! It may just be YOUR story or comment that draws enough attention to this injustice and to have this unbelievable situation investigated. If there are other options not listed, please post, or re-post to ensure our collective voices get the word out there.

1) Supporting Dorothy Zazelenchuck's petition at https://www.thepetitionsite.com/takeaction/544/391/659/

2) Write a little (or a lot) about this scheme and how it is impacting you to CBC News MarketPlace at marketplace@cbc.ca

3) Write a little (or a lot) about this scheme and how it is impacting you to gopublic@cbc.ca

4) View / forward on the 'Northmont Sunchaser Scandal - The Untold Story at http://truths2cents.blogspot.ca/

5) Submit a report to the Government of Canada - Canada Anti-Fraud Center website http://www.antifraudcentre-centreantifraude.ca/victim-victime/index-eng.htm

6) Submit a report to The Law Society of British Columbia. https://www.lawsociety.bc.ca/compla...-hearings/complaints/how-to-file-a-complaint/


Keep coming back to this tugbbs forum to stay informed...

They want us to be quiet and just pay which is just not right!
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Another option to make our voices known... https://www.consumerprotectionbc.ca/contact-us/
 
JeffinWA said:
I spoke to an attorney here in Washington. She is not a TS attorney and told me that she could not give me a lot of advice on that aspect but she did say that due to reciprical agreements between the US and Canada the states recognizes judgements in Canada and that it isn't too difficult to enforce them in the states. She didn't know the exact process but did think that they could bring a judgement across the border and get it enforced here.
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That has been my understanding with my research as well.
 
Spark1 said:
Please get a email address if you can. I have sent a lot to the anti-fraud centre 1888-495-8501. I have all the files ready to go if we can get a email address. Thanks
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At the risk of repeating my previous comments and with the hopes of saving some of you time, effort and frustration: This matter is all about our contracts with the resort and is therefore CIVIL law. While we may say it is criminal what they are doing, by the letter of the law, at this point, it is NOT and would NOT be investigated as a fraud. Now if Wankel and co. take all the money and vanish in a year from now then a case could be made. However our society does not arrest for future offences. SO I believe the best recourse is town halls, law society petitions, public pressure or, as many are entertaining, throw in the towel to get rid of this poor investment and to ensure the bill doesn't continue to grow. That said, I think we all need to continue to denounce this, keep up the pressure and get involved as needed (although I don't expect to EVER get any money back).
I was recently in the US at a resort booked through Expedia and on day 2 we got hit up to "attend a 2 hour presentation...." the poor lady got an earful and I told her not to expect to EVER sell any type of timeshare (no matter how much lipstick is put on the pig) to ANY Canadian. Warn your family and friends and let's make sure that this industry in Canada becomes obsolete. Let the other Canadian timeshare companies go after Northmont for killing the industry by engaging in shitty business and management practices.
 
Timeshare Justice denied said:
At the risk of repeating my previous comments and with the hopes of saving some of you time, effort and frustration: This matter is all about our contracts with the resort and is therefore CIVIL law. While we may say it is criminal what they are doing, by the letter of the law, at this point, it is NOT and would NOT be investigated as a fraud. Now if Wankel and co. take all the money and vanish in a year from now then a case could be made. However our society does not arrest for future offences. SO I believe the best recourse is town halls, law society petitions, public pressure or, as many are entertaining, throw in the towel to get rid of this poor investment and to ensure the bill doesn't continue to grow. That said, I think we all need to continue to denounce this, keep up the pressure and get involved as needed (although I don't expect to EVER get any money back).
I was recently in the US at a resort booked through Expedia and on day 2 we got hit up to "attend a 2 hour presentation...." the poor lady got an earful and I told her not to expect to EVER sell any type of timeshare (no matter how much lipstick is put on the pig) to ANY Canadian. Warn your family and friends and let's make sure that this industry in Canada becomes obsolete. Let the other Canadian timeshare companies go after Northmont for killing the industry by engaging in shitty business and management practices.
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It is my opinion that Northmont Vacation villas must be collecting a few times at the same time on the same villas, and charging former timeshare customers also....
 
Thank you 'Timeshare Justice denied' for telling us where we stand, even though it is disappointing.
 
Further to justice denied. Doing my best to spread the word here in Aruba the TS capital of the Caribbean. Folks mostly unaware but when I tell them there are 155 dedicated pages on tugbbs they do take notice. The folks yesterday were pretty sure they could get us out till they contacted their lawyers. Not good news for us Canadians but their opinion was any U.S. folks could not be held to a Canadian judgment. One of our biggest problems is the TS industry has been plagued by crooks like wankel since its inception. For every half a dozen we'll run financially stable timeshares there seems to be one financially doomed by poor management/ business plan and one run by crooked corrupt individuals whose business plan is to destroy the business from the beginning. This has brought us to where we are at today.
 
Of course they are crooks but why are we mad at NM for completely out lawyering us? My issue now is with our settlement. Our lawyer gave us poor advice all around and can possibly be sued for negligence. I truly believe that MG should pay our interest as it was on his advisement that we not pay for all these years. Can you have a class action against a lawyer?? Their insurance pays up to a few million dollars a year. That might be the only way to see any money back.
A friend was just released from her timeshare contract two weeks ago in Alberta for the price of one year of maintenance fees (of course I advised her to keep every shred of paperwork they sent her). So how is that allowed? No laws in Canada I guess.
 
Hopeful_One said:
This is how CEO Kirk Wankel introduces his profile on linkedin: Colleague: "You are not just outside the box. You do not live in the same neighborhood as the box."
"Creativity, vision and leadership can solve any problem. I solve the impossible and live for the puzzle. If you cannot succeed under the assumptions, change the assumptions.
Specialties: The Impossible, Reorganizations and Realignment, Strategic Planning, Technology, Growth, Mergers and Acquisitions, Corporate Governance, Manufacturing, Real Estate, Property Management. "

I think he has used all the witchy techniques he learned from WOW Craft to play us pretty good, may be even putting spells on people (kidding). We are dealing with a man who has no milk of human kindness. Those WOW Craft games have a way of possessing some players. So just be aware the forces of darkness you are dealing with in this case. NW Sunchaser management is a money hungry group that has no empathy for hurting human beings. No wonder they chose the Witch name Sun-Chaser for their reborn business.
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Wondering if all of us who are on LinkedIn should get KW on our page. We could send him a message every day (maybe a few hundred or more)...spiritual in nature of course, so as not to contravene the gag order, etc... the people who have endorsed him on his page obviously don't know his ethical and moral standpoints. Perhaps if they did...just sayin'
 
MgolferL said:
Wondering if all of us who are on LinkedIn should get KW on our page. We could send him a message every day (maybe a few hundred or more)...spiritual in nature of course, so as not to contravene the gag order, etc... the people who have endorsed him on his page obviously don't know his ethical and moral standpoints. Perhaps if they did...just sayin'
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Yes, "inside the box" is working within the law...he lives in a completely different zip code from the box. I think that his cronies are quite impressed by his unscrupulous tactics. Wankel is a freakin' genius...just ask him, he'll tell you.
 
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JeffinWA said:
I spoke to an attorney here in Washington. She is not a TS attorney and told me that she could not give me a lot of advice on that aspect but she did say that due to reciprical agreements between the US and Canada the states recognizes judgements in Canada and that it isn't too difficult to enforce them in the states. She didn't know the exact process but did think that they could bring a judgement across the border and get it enforced here.
Click to expand...

From what I have discerned is that the judgement has to comply with the laws of the state where you live. I would actually talk to a lawyer who would know about timeshares. Leave nothing to chance or uncertainty. Found out for sure. NM is counting on everyone taking what they say as law when in fact most of it bullying.
 
Higgerty Law office called me back today and referred me to:

Mathew Farrell
Guardian Law Group if you have chosen Option 1 with MG.
403 457-7778

Higgerty is not working with MG clients that chose Option 1.
 
CorruptionExtortion said:
Higgerty Law office called me back today and referred me to:

Mathew Farrell
Guardian Law Group if you have chosen Option 1 with MG.
403 457-7778

Higgerty is not working with MG clients that chose Option 1.
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Thank you for that information.
 
CorruptionExtortion said:
Higgerty Law office called me back today and referred me to:

Mathew Farrell
Guardian Law Group if you have chosen Option 1 with MG.
403 457-7778

Higgerty is not working with MG clients that chose Option 1.
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Who is Higgerty Law? Are they familiar with the history of this litigation? Also, why would one go to Farrell if they have selected option one with Geldert? What am I missing here?
 
Read Appauled's post on page 154. Higgerity law is accepting clients who chose option 2.
 
RippedOff, you can also refer back to posts #3349 and #3350 on page 134 and post #3353 on page 135.
 
ecwinch said:
I do believe most accountants would agree with that definition of capital expense, and I would agree that there are some grey areas. But the VIA is clear that the lessee is responsible for "replacement costs" vs limiting responsibility to just repair costs.

OPERATING COSTS AND RESERVE FOR REFURBISHING: In addition to the Management Fee described in paragraph 10 of this Lease, the [Lessee] shall be responsible for his proportionate share of all administration[,] maintenance and repair costs (the "Operating Costs") and replacement costs incurred with respect to the Vacation Resort and the Vacation Properties including, without limiting the generality of the foregoing, the following:

So what part of the Renovation Plan is not repairing or replacing some element of the #NAFR as originally delivered?




As I stated earlier, the theory that "capital costs" are NEVER the responsibility of the lessee is overstated. For starters, can anyone point to a law that says "Capital costs" are NEVER the responsibility of the lessee?

I dont think you will find that. So at best I think MG could have produced expert testimony that "capital expenses are generally the responsibility of the lessor, subject to the terms of the lease".

And the VIA is clear that replacement costs are the responsibility of the lessee. I dont think that clause is defeated by the fact that replacement inherently extends the life of the structure.
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Now you're just making stuff up. Capital Improvements?

I am not part of a time share plan. You know why? Nothing I ever signed used or referred to either a 'time share' or 'prospectus'. I was never shown a prospectus when I signed the Vacation Villa Lease. In BC before 2005, I signed in 1999; time share plans required ownership of land or property. Notice the difference? Now it is an interest in land or property.

You justify the court's rulings by, quoting the courts rulings. What in the BC time share real estate act, really just a definition, overrides my lease? Nothing. Loo and Fitzpatrick are wrong.

In the beginning, Fairmont started a side business, leveraging the Fairmont property, to start a real estate investment business. That's not what a time share does. If its a timeshare it is a violation of the Trust.

The CCAA did not consider the lessees to be part of a time share plan. So not only is it #NAFR it is also #NAFTS.

"Swims like a duck." Really? This is how time shares you've been involved with conduct business? You'd know, wouldn't you? Afterall you are a Moderator. You are a moderator who thinks that the nearly 4,000 posts on this thread are nothing but complainers complaining. You think they are wrong and Northmont and its predecessor Fairmont are good people doing good time share work.

Some duck this is.
 
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