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

[aden2]

The question that is confusing is how can NM ask for full payment on yearly maintenance fees when VIA's did not use vacation villas, and if all the VIA's were to have used the vacation villas NM would not been able to accommodate us. This type of action by NM would indicate that NM does not want to continue in the timeshare business, it is all about how much money they can get regardless how they do it.

 

[LilMaggie]

Excerpt from Calgary Herald article:
Northwynd CEO Kirk Wankel was reluctant to comment due to the possibility of further legal action.
But he said the two court decisions made it clear the complainants were bound by contracts and should have cut their losses five year ago.
“The courts have done their best to explain to the owners that under their contractual obligations they should have accepted this resolution years ago,” said a seemingly frustrated Wankel.
He said 80 per cent of lease-holders accepted one of the two offers, with many of them now at the mercy of a small minority of holdouts.
“What’s lost in this process are the people who want to see this resort survive,” said Wankel.
He wouldn’t say how many resort units are involved in the renovation or affected by the dispute.

What a crock! The 20% of us are ruining it for everybody? I think that we are just causing frustration for KW.
It's that cavalier attitude that makes a person want to press on against NM.

 

[melamike]

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?

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

 

[LilMaggie]

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

I think that there are several people here who would seriously consider that course of action.

 

[Stung]

Is this an option your lawyer is willing to take on? It sounds like your lawyer understands the position MG has knowingly put us into. I'm sure I speak for many, if not all of us victims that no one is in agreement with the 'settlement' MG made for us. There would be strength in numbers and I suspect many would be willing to proceed...

 

[tssuck]

From my understanding, some states have mutual agreements with Canada. A judgement in Canada is also good in some US states. I think Washington has the mutual agreement. Torqued, I noticed you are in VA and I suspect they do not, so you are in a much better position than those in WA and many other boarder states.

For all Americans, read the Uniform Foreign Country Money Judgement Recognition Act as written for your State. Pay special attention to the Personal Jurisdiction of the Act. I found my reading to be very interesting. It seems that NM would have to bring their case to court in the State and prove that they have jurisdiction over you in order to proceed. Let us know what you find out.

 

[Petus@18]

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

We are definitely in. Can your lawyer represent us? If so, how can we retain him/her? This option is the best option we have seen since this Geldert's fiasco. BTW The group in FB is scheduling a meeting this Sunday. No definite details yet, we may be able to join by phone or Skype, will keep you posted

 

[torqued]

For all Americans, read the Uniform Foreign Country Money Judgement Recognition Act as written for your State. Pay special attention to the Personal Jurisdiction of the Act. I found my reading to be very interesting. It seems that NM would have to bring their case to court in the State and prove that they have jurisdiction over you in order to proceed. Let us know what you find out.

I’m not sure what this would entail or what it actually means. But I will try to get clarification. It also mentions something about fraud but I’m sure the burden is on us to prove it to the courts

 

[tssuck]

I’m not sure what this would entail or what it actually means. But I will try to get clarification. It also mentions something about fraud but I’m sure the burden is on us to prove it to the courts

If the Personal Jurisdiction applies then we don't have to worry about proving fraud. Please check it out. Keep us posted.

 

[torqued]

If the Personal Jurisdiction applies then we don't have to worry about proving fraud. Please check it out. Keep us posted.

I just left a message with the attorneys office. Will let you know as soon as I learn something hopefully Monday or Tuesday

 

[groundhog]

We are definitely in. Can your lawyer represent us? If so, how can we retain him/her? This option is the best option we have seen since this Geldert's fiasco. BTW The group in FB is scheduling a meeting this Sunday. No definite details yet, we may be able to join by phone or Skype, will keep you posted

I would be in.

 

[LilMaggie]

We are definitely in. Can your lawyer represent us? If so, how can we retain him/her? This option is the best option we have seen since this Geldert's fiasco. BTW The group in FB is scheduling a meeting this Sunday. No definite details yet, we may be able to join by phone or Skype, will keep you posted

Yes, please keep us posted re: the meeting!

 

[Can't_Give_Up]

In case everyone is not aware of the appeal status, below is a copy from the Court of Queen's bench. I'm also including the letter indicating the date the appeal will be heard. I'm not on Facebook, but if anyone wants to share this there that would be great. Thanks.

 

[torqued]

I just left a message with the attorneys office. Will let you know as soon as I learn something hopefully Monday or Tuesday

I read the definition of personal jurisdiction and it would seem they would have a difficult time proving this but it’s over my head.

 

[MgolferL]

I think that there are several people here who would seriously consider that course of action.

Include me in the list...As I send off this cheque, I have less respect for MG than KW. As much as a scumbag KW is, he was a scumbag from the start. MG sold us on what a noble, concerned individual he was only to find out he was only the court jester...I have all the emails going back as to how he "was the guy" and was going to stand up for the rights of us commoners...

If nothing else from here on in, I plan on continuing this fight so these clowns can not do this again to innocent people. There are many ways to do it, within the letter of the law...even with this BS "gag" order...so don't think for a minute KW you are done with us yet!!

 

[Appauled]

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

I would be willing to consider joining as well! MG has been completely negligent an misleading to all of us involved and putting us in a position of no options other than paying extortion loanshark amounts of money to NM or claiming bankruptcy!!!

 

[Roxanne]

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

Please count me in. I'd like to join the group as I feel this all happened due to MG's negligence.

 

[Petus@18]

In case everyone is not aware of the appeal status, below is a copy from the Court of Queen's bench. I'm also including the letter indicating the date the appeal will be heard. I'm not on Facebook, but if anyone wants to share this there that would be great. Thanks.

It looks like we can still appeal this, I didn't know? Thanks Can't Give Up. I was also reminded that we have to get our act together if we want to stop getting the short end of the stick. We continue being divided (FB groups, including the 'secret one' plus TUGBBS) We are not united and that is part of the problem. I wonder if Truths group already retained someone? At this point in time, there isn't a need for having different groups, don't you think? Again, I didn't know of this appeal and would like to know how many of us would like to join forces, with better legal representation, and continue with the appeal? We rather spend our money fighting than hand it to the bill collector!! Ps we can still start an action against MG as we appeal the judgement at the same time

 

[truthr]

In case everyone is not aware of the appeal status, below is a copy from the Court of Queen's bench. I'm also including the letter indicating the date the appeal will be heard. I'm not on Facebook, but if anyone wants to share this there that would be great. Thanks.

Thanks. I have shared it on the FB groups.
Now here is the question: If Strathcona Law Group has "Withdrawn as the Lawyer on Record" who are they appealing for? In other words who are they representing?
Remember the letter all Option 2 people received from Barry King or Vincent Tong?

 

[Tanny13]

In case everyone is not aware of the appeal status, below is a copy from the Court of Queen's bench. I'm also including the letter indicating the date the appeal will be heard. I'm not on Facebook, but if anyone wants to share this there that would be great. Thanks.

So who is Barry King representing in the appeal? I imagine only those who are in the settlement, as he no longer represents anyone else. But an appeal won't affect those in the settlement, so is he just not going to show up??

 

[Floyd55]

I spoke with my lawyer this morning and after a cursory review of the court case he did not have anything good to say about MG. He called MG a contractor who used other firms to do his work and we paid handsomely for that. He also said we lost big time, really lost in court and so MG went into negotiation with NM with nothing to bargain with. He also said the MG was negligent is so many things but especially not bringing the agreement back to us and in painting us all with the same brush when there are so many different contracts out there. He said you can't fight the settlement because NM would have entered the negotiation with the understanding and assurance that MG had our authority to act on our behalf. The courts would not even entertain looking at that. The only recourse is to sue MG for negligence - is it worth it? Not alone but as a group it could be....

I would definitely be on board with suing MG, but only if we had a lawyer who would act for us with the understanding that he is paid a percentage of the amount of money he is able to win for us. Not interested in any more legal fees!

 

[NotImpressed]

Also, so everyone is aware, Judge Young has already ruled in favor of Northmont. The only thing she is deciding at the moment is interests and costs. Her ruling impacts all of us as stated in her decision, which if you haven't read it yet is located here:

https://www.canlii.org/en/ab/abpc/d...ash=AAAAAQAJbm9ydGhtb250AAAAAAE&resultIndex=9

At the very bottom under Conclusion #88: "The Plaintiff is entitled to judgment against each of the Defendants in the SLG Actions for the amount claimed in the corresponding Amended Civil Claims, subject to further argument and a determination respecting the issues of interest and costs in each action, and the expiration of certain Civil Claims."

In order to find out how much you are ordered to pay Northmont depends on your own personal Amended Civil Claim. This can easily be found out by going to the Provincial Law Courts in Edmonton and having them pull up your file, ie) give them the court file number that your initial civil claim was filed under. You might be able to contact them over the phone to get that information or call your local provincial court house if you can't make it to Edmonton.

Again, if anyone wants to post on Facebook feel free. Thanks

 

[Petus@18]

 

[truthr]

Also, so everyone is aware, Judge Young has already ruled in favor of Northmont. The only thing she is deciding at the moment is interests and costs. Her ruling impacts all of us as stated in her decision, which if you haven't read it yet is located here:

https://www.canlii.org/en/ab/abpc/d...ash=AAAAAQAJbm9ydGhtb250AAAAAAE&resultIndex=9

At the very bottom under Conclusion #88: "The Plaintiff is entitled to judgment against each of the Defendants in the SLG Actions for the amount claimed in the corresponding Amended Civil Claims, subject to further argument and a determination respecting the issues of interest and costs in each action, and the expiration of certain Civil Claims."

In order to find out how much you are ordered to pay Northmont depends on your own personal Amended Civil Claim. This can easily be found out by going to the Provincial Law Courts in Edmonton and having them pull up your file, ie) give them the court file number that your initial civil claim was filed under. You might be able to contact them over the phone to get that information or call your local provincial court house if you can't make it to Edmonton.

Again, if anyone wants to post on Facebook feel free. Thanks

Thanks for sharing this valuable information. Interesting not everyone has an Amended Civil Claim filed against them - I know I don't cause I check periodically with the court house where mine was filed - that is how I found out that Strathcona Law Group had filed the Notice of Withdrawal and with an incorrect address for me.

Why would we want to post this???? Are you from Geldert's office? This is why we feel continuing the appeal is a good option. We are so 'f' tired of all MG's trolls and their reminders. These guys are all over, how?

Why would you think that just because someone shares information that they are from Geldert's office?? Sheesh you are getting overly touchy.

 

[Can't_Give_Up]

Truthr and Tanny 13: Strathcona Law is not representing anyone regarding the appeal. They filed the appeal because we only had a 30 day window to appeal Judge Young's ruling. They also needed to file the transcripts (of the 3 days we spent in court) before the middle of February, which luckily has also been done. Because of the settlement agreement offers and under the direction of Geldert, SLG will not be pursuing with the appeal.

SLG is going to show up in court on that date and inform the Judge that they are no longer pursuing the appeal on anyone's behalf. If we want to continue pursuing the appeal, it is up to us to do so on our own individually or as a group. Anyone willing to continue with the appeal should be ready to appear in court that day or have someone represent you.

If you can't open up the pdf file I attached earlier, the court date is set in the Court of Queen's Bench for March 8, 2018 @ 10:00am at the Law courts building, 1A Sir Winston Churchill Square, Edmonton, Alberta

The Provincial Court Action Number is P1490304333 and The Court of Queen's Bench Action Number is 1703 22524

The court date could change, so everyone should be aware and continue to check up on the file.

Truthr, you can also post this on Facebook if you like.