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

Spark1

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Was a reply found in the mountain of paperwork received. What 3 firms??? I wondered
These thieves are banking on that most of us seniors will be dead in the next 5 to 10 years and with the help of the judges they will screw us for every cent they can get. They have no compassion for any human beings it is all about money.
 

CleoB

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You are correct. I have checked it out...thinking I may want to stay to facilitate change by staying in. Spoke to MG and NM and they both said no way. So we lose it all as well...thanks MG.
Have you asked another lawyer about this? Seems to me that Geldert mislead everyone with the promise that "we would have final approval" on accepting the settlement.....then he backtracks and says everyone that signed is "committed". I think that means many signed under duress......and is that legal?
 

Stung

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rustyp

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we are currently three law firms working around the clock to bring down the number Northmont is seeking, negotiate a settlement if Northmont is willing to be reasonable while also setting up to hold them accountable for trying to realign the Resort as a mechanism to circumvent the litigation horrors they have put my client through.

Tune sure changed in that negotiation room that day.
 

Spark1

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Can you elaborate? Are you saying that there are lawyers working for you to re-negotiate the settlement with Northmont? I don't see how that is even possible at this point. And if it is possible, how can the rest of us get involved?
Floyd55 are you a lawyer yourself? Keep us informed and can you tell us what city or cities you operate out of. I am very interested.
Here is another way to make our collective voices heard! Below is the email address of the author of the article. Let's send him our stories, a little or a lot to bring more awareness to him and our injustice.
BKaufmann@postmedia.com
timeshare is not a investment all that we had was a lease we do not own property. Get it straight.
 

Spark1

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For the time owners that are paying or have the extortion amount please send a copy of this extortion to Honourable Navdeep Bain’s, Minister of innovation,Science and Economic Development. This Minister is responsible for Consumer Affairs. Let him Know that your Lease contract is in the Canadian Consumer Handbook which is a right to use and when your lease is done you do not own any property or right to any property. Send him a copy of this extortion. This has now gone to the Prime Ministers Office and now over to Honourable Navdeep Bain’s. Thanks Email. Navdeep.Bains@parl.gc.ca PH 613-995-7784. Constituency 1-905-564-0228. We are all hoping we can help each other and hope they have to pay this extortion back to innocent human beings.
 

melamike

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Sunchase
This is copied right from the consumers handbook - MG used these unfair practices as I have underlined. He needs to be held accountable ....off the the BC law society I go once again ;)

Unfair or Deceptive Business Practices

Most provinces and territories have laws that protect consumers from unfair or deceptive business practices. Generally, an unfair or deceptive practice takes the form of a claim that would likely mislead the average person or a claim taking advantage of a person's inability to protect their interests during negotiations.

When you believe you have been deceived, contact the Competition Bureau, the Better Business Bureau or your provincial or territorial consumer affairs office. When the complaint relates to labelling or advertising of food, contact the Canadian Food Inspection Agency (CFIA).

Consumers are also protected against Misleading Advertising.
 

Bewildered

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This is OPTION #1 Read this at the bottom of option#1 Does this sound familiar? You understand that unless ordered by the court,only Northmont can release you from your VIA interests(s) Our primary Objective shell be to secure the least expensive proposal to permit you to opt-out of the Resort. This sounds quite familiar to the cancellation agreement. Once they have your money you are probably done with MG. Then what? Are you released? Time owners that paid the relinquish in March of 2017 are they released. Good Luck you will need it.
If anybody had thrown out a well established legal firm willing to actually help us, I would maybe have a different opinion but the firms I have seen floated so far haven’t shown to be ready to offer up anything to this TUGs group. Not sure why you think possible Option 1 people are somehow undermining your efforts. Agree it’s not a 100% surety even with option 1 but does not the Court say that 162% will apply otherwise? Option 2 is no cakewalk either Spark!
 

servemeout

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Bewildered the courts have had nothing to do with the settlement. The 162% is coming from the owner of the #NAFR. The settlement is aimed at picking off the low hanging fruit and putting it in KW's "basket". The only amount has been from Branch in the BC case. Remember that Hillside is closed and will probably be sold off. Where will that money go - into the same fruit basket.
 

Bewildered

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Bewildered the courts have had nothing to do with the settlement. The 162% is coming from the owner of the #NAFR. The settlement is aimed at picking off the low hanging fruit and putting it in KW's "basket". The only amount has been from Branch in the BC case. Remember that Hillside is closed and will probably be sold off. Where will that money go - into the same fruit basket.
So what in J. Branch’s decision or any court decision so far, showing any positive position for any of us? Somewhere along the line some judge or an elected official will have to agree with our plight for it to become a positive result. MG thought he could wait NM out and it didn’t work so I am still trying to understand where we go next regardless of the Feb 15 extortion date?
 

Floyd55

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Floyd55 are you a lawyer yourself? Keep us informed and can you tell us what city or cities you operate out of. I am very interested.

timeshare is not a investment all that we had was a lease we do not own property. Get it straight.

Sorry, I'm not a lawyer, just like the rest of you, trying to investigate all options before I have to send in my blood money! I thought that Clint Docken was going to be a possible legal answer for us but since I first contacted their office on Monday I have yet to hear anything from them. Left voice message for his assistant and I have sent two emails that were supposed to be forwarded to him. Doesn't seem like he is interested. It is looking more like seeking damages from MG for malpractice will be our only viable avenue to try and recoup some of our losses. I don't think that those of us who are option 1 and are paying to get out of this mess will have any other legal recourse due to the wording of the awesome settlement that has been rammed down our throats!
 

Spark1

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If anybody had thrown out a well established legal firm willing to actually help us, I would maybe have a different opinion but the firms I have seen floated so far haven’t shown to be ready to offer up anything to this TUGs group. Not sure why you think possible Option 1 people are somehow undermining your efforts. Agree it’s not a 100% surety even with option 1 but does not the Court say that 162% will apply otherwise? Option 2 is no cakewalk either Spark!
I am not saying that. Timeowners believed in both MG and and the MLT AIKINS PDF by David Wotherspoon. I talked on the phone with MG and he even had me convinced this was a done deal getting Northmont to the table and they would have to pay that 25.4 million and this would bankrupt them. He was also protecting moving buildings out of the timeshare. What happened and if you read the MLT AIKINS PDF, this document totally protected our Lease Contract. Why did MG change over night and became a bill collector? What we have to do now is have every one that have paid the extortion or decided not to pay please send a copy to Honourable Navdeep Bains. This Minister is the man that we have to deal with CONSUMER PROTECTION. Did we ever sign anything with NORTHMONT? We have not. What is Northmonts Consumer Protection? I have sent many documents to the PRIME MINISTERS OFFICE and now the Executive Correspondence Officer for the PRIME MINISTER'S OFFICE has moved the file to the HONOURABLE NAVDEEP BAINS. We all have to work together and when the Minister sees the millions being extorted, how can he not see there is no CONSUMER PROTECTION. Timeshare is no different than any other business and Consumer Protection is very important. If need be i am willing to meet with the PM and MR BAINS. email Navdeep.Bains@parl.gc.ca Ph. 613-995-7784 Constituency 1-905-564-0228
 

CleoB

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For the time owners that are paying or have the extortion amount please send a copy of this extortion to Honourable Navdeep Bain’s, Minister of innovation,Science and Economic Development. This Minister is responsible for Consumer Affairs. Let him Know that your Lease contract is in the Canadian Consumer Handbook which is a right to use and when your lease is done you do not own any property or right to any property. Send him a copy of this extortion. This has now gone to the Prime Ministers Office and now over to Honourable Navdeep Bain’s. Thanks Email. Navdeep.Bains@parl.gc.ca PH 613-995-7784. Constituency 1-905-564-0228. We are all hoping we can help each other and hope they have to pay this extortion back to innocent human beings.
Can you please provide me with page and paragraph that spells out "the right to use" so I can reference it in the letter? Thanks
 

Bewildered

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I am not saying that. Timeowners believed in both MG and and the MLT AIKINS PDF by David Wotherspoon. I talked on the phone with MG and he even had me convinced this was a done deal getting Northmont to the table and they would have to pay that 25.4 million and this would bankrupt them. He was also protecting moving buildings out of the timeshare. What happened and if you read the MLT AIKINS PDF, this document totally protected our Lease Contract. Why did MG change over night and became a bill collector? What we have to do now is have every one that have paid the extortion or decided not to pay please send a copy to Honourable Navdeep Bains. This Minister is the man that we have to deal with CONSUMER PROTECTION. Did we ever sign anything with NORTHMONT? We have not. What is Northmonts Consumer Protection? I have sent many documents to the PRIME MINISTERS OFFICE and now the Executive Correspondence Officer for the PRIME MINISTER'S OFFICE has moved the file to the HONOURABLE NAVDEEP BAINS. We all have to work together and when the Minister sees the millions being extorted, how can he not see there is no CONSUMER PROTECTION. Timeshare is no different than any other business and Consumer Protection is very important. If need be i am willing to meet with the PM and MR BAINS. email Navdeep.Bains@parl.gc.ca Ph. 613-995-7784 Constituency 1-905-564-0228[/QUOTE
 

Bewildered

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Thanks for the additional info, your discussion with MG mirrors my discussions with him. Sounds like this Minister is a good step to take.
 

RippedOff

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American Friends - why not report this to the IRS (they probably have not reported income generated in the USA), the SEC (not sure if they're private or public), and other regulatory bodies over there? Tell them he's the current Canadian Bernie Madoff. Tell them about Mexico, Hawaii, and all the other scams. I'm afraid the Canadian politicians/government and legal system are incompetent, useless, and full of bureaucracy/red tape. At least you may be able to save yourselves.
 
Last edited:

RippedOff

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Now that I think about it - you could just post a tweet (Twitter) for the above.
 

FairSun

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Sunchaser in Fairmont
Can you please provide me with page and paragraph that spells out "the right to use" so I can reference it in the letter? Thanks
This might be of interest by comparison with USA protections: American Resort Development Association's definition of "right to use". Also note, "Home Owners Association (HOA) – The group of owners that administer the rules and regulations of a resort. Creation of an HOA is often required by state laws."(Emphasis added) We would have had greater protection from the Fairmont/Northwynd developer (and resort owner) had such an association been mandatory in BC, AB!
http://www.arda.org/news-information/industryinformation/glossaryofterms/overview.aspx
 

Bewildered

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Did everyone in Alberta get their lovely form letter:”Sent on behalf of Mary MacDonald, Assistant Deputy Minister, Resolution and Court Administration Services”
Passing the buck because the property is in BC. Cc’d to the Premier, big deal.
 
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This is copied right from the consumers handbook - MG used these unfair practices as I have underlined. He needs to be held accountable ....off the the BC law society I go once again ;)

Unfair or Deceptive Business Practices

Most provinces and territories have laws that protect consumers from unfair or deceptive business practices. Generally, an unfair or deceptive practice takes the form of a claim that would likely mislead the average person or a claim taking advantage of a person's inability to protect their interests during negotiations.

When you believe you have been deceived, contact the Competition Bureau, the Better Business Bureau or your provincial or territorial consumer affairs office. When the complaint relates to labelling or advertising of food, contact the Canadian Food Inspection Agency (CFIA).

Consumers are also protected against Misleading Advertising.
 

CleoB

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Did everyone in Alberta get their lovely form letter:”Sent on behalf of Mary MacDonald, Assistant Deputy Minister, Resolution and Court Administration Services”
Passing the buck because the property is in BC. Cc’d to the Premier, big deal.
Yup, sure did.
 
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