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

[dotbuhler]

We sent letter to Gelert saying we did not need him any longer, the settlement was ridiculous and felt he did not represent our interests, ( we had chose option 1) He sent email back asking why we did t fill out hardship form and then sent consent claim naming us and Northmont for $12,000 more than original settlement...We are in BC and can't find where our Orignal claim is ...we were never served..I looked in court services and civil claims...Any ideas or suggestions??

I hope you have lodged a COMPLAINT with the B.C. Law Society against Geldert. As qb_bc pointed out #4430 : don't forget to mention Cox Taylor and their part along with Michael Geldert, in asserting that none of us would be claiming MISREPRESENTATION when we purchased the original time share leases. That, right there, was a nail in our coffin. The entire premise of MY defense was nullified without advising me! Not mentioning Cox Taylor will be a loophole that the slime master known as Michael Geldert could conceivably slip through.

 

[Shake Down]

don't forget to mention Cox Taylor

Ya, and that interesting information in a (FB) Post.

Only 2 of us attended the depositions in Calgary in July 2013 .. Mr Hedayat and myself where I saw first hand Lindsey LeBlanc of Cox Taylor agree with Jud Virtue to hide the indenties of those in Northwind REIT. In Court you are entitled to face your accuser ... but the BC Court system has allowed Northwind REIT to remain a "secret society" using its minions to do the dirty work while Judge Loo denied us the email list to each other so we could band all 15,000 of us together.

 

[CleoB]

I hope you have lodged a COMPLAINT with the B.C. Law Society against Geldert. As qb_bc pointed out #4430 : don't forget to mention Cox Taylor and their part along with Michael Geldert, in asserting that none of us would be claiming MISREPRESENTATION when we purchased the original time share leases. That, right there, was a nail in our coffin. The entire premise of MY defense was nullified without advising me! Not mentioning Cox Taylor will be a loophole that the slime master known as Michael Geldert could conceivably slip through.

Sorry, I don't follow your comment. Would you please elaborate "in asserting that none of us would be claiming misrepresentation when we purchased the original timeshare leases. The entire premise of my defense was nullified without advising me!"

 

[dotbuhler]

Sorry, I don't follow your comment. Would you please elaborate "in asserting that none of us would be claiming misrepresentation when we purchased the original timeshare leases. The entire premise of my defense was nullified without advising me!"

Check #4577 then understand that I was told that because it was "Crown land", it could NEVER be owned. When the salesman told me this in 1993 I had no reason to think otherwise. Fast forward to 2010, to 2013, when suddenly we were informed that we were now "owners". That, my dear, is misrepresentation in my book.

 

[CleoB]

Check #4577 then understand that I was told that because it was "Crown land", it could NEVER be owned. When the salesman told me this in 1993 I had no reason to think otherwise. Fast forward to 2010, to 2013, when suddenly we were informed that we were now "owners". That, my dear, is misrepresentation in my book.

Yes, that is misrepresentation but how are you going to prove what the salesman told you? If you don't have it recorded or in writing isn't it a he said, she said?

 

[Sunchaser Barbados]

View attachment 5813 Dr Evil (KW) and the gag order ...

In this analogy, does that make our former Barrister Mr. Bigglesworth? Which I wish I'd known years ago because I'm not a cat person, as you can guess. What was that famous line of Dr. Evil's, "(He) would womanize, he would drink, he would make outrageous claims like he was managing partner of a full-service international law firm with a head office in Vancouver."

 

[dotbuhler]

Yes, that is misrepresentation but how are you going to prove what the salesman told you? If you don't have it recorded or in writing isn't it a he said, she said?

Since he won't be there I expect that my sworn testimony will stand. So, no, not "he said, she said". And since Wankel and company were not around at the time they can't prove otherwise. I'll bet others who bought at the same time may have also been told this.

 

[CleoB]

Since he won't be there I expect that my sworn testimony will stand. So, no, not "he said, she said". And since Wankel and company were not around at the time they can't prove otherwise. I'll bet others who bought at the same time may have also been told this.

Well from my understanding we are now owners of the buildings, not the land.

 

[NotImpressed]

As for backdating our contracts from the early 1990's for Bill 31 to apply is not impossible as we have/had ongoing 40 year contracts with Fairmont/Northmont, or whomever. Ongoing contracts might have different rules that apply...I don't know. I need a good lawyer to explain this all to me please!

I talked to a lawyer about this he told me that it has always been there bill 31 is just making it more clear

 

[Shake Down]

Speaking of making it more clear.... come across this info, an interesting and simple breakdown.

Fraudulent Misrepresentation: A contract is not considered valid unless all parties are in agreement to the terms. If the expressed terms are not accurate, then any agreement is based on a false premise and the contract is invalid. Knowingly making false statements -- whether in writing, verbally, through a simple gesture, or even silence -- constitutes false misrepresentation if it has a material effect on the deal.

Even if the representation was made without knowledge of whether it was true, it can give rise to a fraudulent misrepresentation claim if it was made in a reckless way. In such instances, the party making the representation is acting recklessly solely to induce the other party into the contract.

Other types include:

• Negligent Misrepresentation, which one party failed to adequately ensure the accuracy of the representation.
• Innocent Representation, which is neither fraudulent nor negligent.

* Keep in mind that a misrepresentation that does not have a material effect on the contract does not give rise to a legal action.
In order to prevail in a lawsuit for Fraudulent misrepresentation, the plaintiff must be able to prove the following six elements:

• A representation was made (in contract law, a representation is any action or conduct that can be turned into a statement of fact).
• The representation was false.
• The representation, when made, was either known to be false or made recklessly without knowledge of its truth.
• The representation was made with the intention that the other party rely on it.
• The other party did, in fact, rely on the representation.
• The other party suffered damages as a result of relying on the representation.

Remedies for Fraudulent Misrepresentation
Depending on the nature of the case, remedies for fraudulent misrepresentation can include rescission of the contract and damages. Rescission of the contract is the most common remedy, since fraudulent misrepresentation renders it voidable (as opposed to simply "void"). Therefore, the parties may choose not to rescind the contract -- which restores the parties to their pre-contractual positions -- if this is not possible. With respect to damages, only actual losses stemming from the misrepresentation may be claimed.

 

[NotImpressed]

NM & KW have totally screwed us all. I think it's only fair that we do the same. How you may ask by emailing faxing or writing letters to both the judge in the petition case as it sounded in his ruling he had questions unanswered about us via lessees, also to the town or county of Fairmont stating that we as vias do not support the application for rezoning (our) the resort. I think it is time we put the screws to them for a change. All via lessees option 1 or 2 or between.

 

[Appauled]

I HATE Facebook!
Never had an account and never cared for it, but forced to create one specifically so I can participate with all the people who have suggested I do so and keep in touch and try to collaborate and find a solution to this mess! I tried to create a Facebook account with same profile on this website and got kicked off Facebook cause they need my real name. SO then I tried to do that with my real name and started to get my friends connected on Facebook with me and all the other stuff about myself on there and now it doesn't work either!!!
ALL this hiding behind profiles on this page and people using Facebook to connect to work together makes me feel like an outsider of some exclusive club and all I want is to get help and contribute help to change the laws, get out of paying ransom money to Sunchaser & KW %@#! crooks and get them AND MG taken to task !!!
I live in Calgary. STRENGTH IN NUMBERS PEOPLE! If anybody wants to meet face to face over coffee and bring me up to speed and help me join the group of organizers, send me a private message. Otherwise consider me and two other friends who are also victims in the Sunchaser scam out on our own and three less people that could have helped here.

 

[NotImpressed]

I personally don't think MG had a plan or any strategy for us and anytime someone would question this or talk about anything on line he would come up with ( be careful of the spies) . I doubt if there was any spies but him. Since he had no game plan except for keeping us apart and divided. I can't believe a lot of us are still falling for his old tricks. Especially now when it is so important for us to stick together. Well agree with me or not I'm hoping everyone who didn't pay the ransom and are included under judge Young decision shows up on March 8 for the appeal. I can't stress enough how important this is as it maybe the last kick at the can for us. Hopefully at least we can agree on this please spread the word to everyone.

 

[PATRON]

Unfortunately government of Canada und Justis sistem protect big Busnesis und Reach people New is Thay start protecting white Calor thiefs All those Jujes have to take some classes haw capitalism work IF YOU HAVE NO CASTEMER TO PURCHASE GOODS YOU CANT EXIST Mayby Justis Loo wanted to protect Timsheare industry but she did just opposite SHE DISTROIT

 

[dotbuhler]

I personally don't think MG had a plan or any strategy for us and anytime someone would question this or talk about anything on line he would come up with ( be careful of the spies) . I doubt if there was any spies but him. Since he had no game plan except for keeping us apart and divided. I can't believe a lot of us are still falling for his old tricks. Especially now when it is so important for us to stick together. Well agree with me or not I'm hoping everyone who didn't pay the ransom and are included under judge Young decision shows up on March 8 for the appeal. I can't stress enough how important this is as it maybe the last kick at the can for us. Hopefully at least we can agree on this please spread the word to everyone.

The other thing we need to consider is this: As long as KirkWankel / Fairmont / Northwynd / Northmont kept us tied up in the CIVIL Courts, the Criminal Justice system could not kick into gear. Was this the game plan all along? It was successful beyond belief. What was the response from the RCMP when trying to get criminal charges of fraud laid? "As long as it's before the Civil courts we can't get involved or lay any charges." This was a cult of ultimate control. They knew the Canadian Justice system from the git go, and used it full force against us. If ever there was a more aggressive case of "divide and conquer", I've yet to see it. Was Cox Taylor and Michael Geldert two more pieces that the opposition already had in their game box to pull out to serve this disingenuous plan? At this point I believe so.

 

[Plus454]

To me right now the big challenge is being able to form a group. This forum and Facebook could be tools but are currently not the answer to finding a way with this world wide web to get hooked up as a group.

 

[Frau Blucher]

To me right now the big challenge is being able to form a group. This forum and Facebook could be tools but are currently not the answer to finding a way with this world wide web to get hooked up as a group.

Unfortunately thanks to MG, there are now two distinct groups: Option 1 and the the rest. Option 1 have their hands tied and can not carry on the legal fight except for suing our little grease ball of a lawyer.

 

[Plus454]

I HATE Facebook!
Never had an account and never cared for it, but forced to create one specifically so I can participate with all the people who have suggested I do so and keep in touch and try to collaborate and find a solution to this mess! I tried to create a Facebook account with same profile on this website and got kicked off Facebook cause they need my real name. SO then I tried to do that with my real name and started to get my friends connected on Facebook with me and all the other stuff about myself on there and now it doesn't work either!!!
ALL this hiding behind profiles on this page and people using Facebook to connect to work together makes me feel like an outsider of some exclusive club and all I want is to get help and contribute help to change the laws, get out of paying ransom money to Sunchaser & KW %@#! crooks and get them AND MG taken to task !!!
I live in Calgary. STRENGTH IN NUMBERS PEOPLE! If anybody wants to meet face to face over coffee and bring me up to speed and help me join the group of organizers, send me a private message. Otherwise consider me and two other friends who are also victims in the Sunchaser scam out on our own and three less people that could have helped here.

We are all "outsiders" at this point. and meeting face to face is clearly not possible for 1000 to 2000 people. I continue to watch and listen for ideas.
Like if we could catch the ear of a law firm that could see a case here. Having sent letters to a lawyer and several politicians I'm not sure what to do next, so I wait and watch.

 

[aden2]

March 8th, at 10 AM at the Law Courts Building, Edmonton, AB. ( 97 st. and 102A ave.) ; CIVIL CLAIMS APPEAL in the Queen's Bench. Action # 1703 22524

 

[Plus454]

Today I found information I didn't realize i had.
Turns out we all have each others names already.
Burred in a barrage of attachments in the Aug 18/2016 update are 2 lists of names, Court application Cranbrook (all the BC defendants 475) and court application Edmonton ( all the Alberta defendants 753). Adds up to 1228 defendants.
And surprise surprise on the list is a friend of mine who builds websites. He said its possible to build a site that people could access only with permission of an administrator. If your name's not on one of those lists you wouldn't get in.
Please give me some feedback on if you think this could be a tool.

 

[Petus@18]

I wonder how much longer will it take for judge Young to rule on the interests and costs? The delay may be that she doesn't see the need in providing a decision since the majority has already settled their claims with Northmont? Or, if we're lucky, she has reviewed the letters we all sent her and 'hopefully', she may be contemplating in changing her mind?

“So long as the order has not been perfected the judge has a power of re-considering the matter, but, when once the order has been completed, the jurisdiction of the judge over it has come to an end.”

Today I found information I didn't realize i had.
Turns out we all have each others names already.
Burred in a barrage of attachments in the Aug 18/2016 update are 2 lists of names, Court application Cranbrook (all the BC defendants 475) and court application Edmonton ( all the Alberta defendants 753). Adds up to 1228 defendants.
And surprise surprise on the list is a friend of mine who builds websites. He said its possible to build a site that people could access only with permission of an administrator. If your name's not on one of those lists you wouldn't get in.
Please give me some feedback on if you think this could be a tool.

Having a website for everyone affected seems like a wonderful idea as long as we all have the right to voice our concerns freely and are not arbitrarily controlled like in previous secret or private groups. How long would it take to have one in place?

 

[Plus454]

Having a website for everyone affected seems like a wonderful idea as long as we all have the right to voice our concerns freely and are not arbitrarily controlled like in previous secret or private groups. How long would it take to have one in place?[/QUOTE]

Not sure how long it would take to build the website, also how long would it take to round up interested parties.
This just surfaced as an option today so I'm looking for input.

 

[Petus@18]

Having a website for everyone affected seems like a wonderful idea as long as we all have the right to voice our concerns freely and are not arbitrarily controlled like in previous secret or private groups. How long would it take to have one in place?

Not sure how long it would take to build the website, also how long would it take to round up interested parties.
This just surfaced as an option today so I'm looking for input.[/QUOTE]

Are you attending the appeal? We are attending, maybe we can share your idea with those in attendance for their feedback. We like it! Since there are many who have settled already and don't want/feel they cannot pursue anything else due to the gag order. It would be interesting to see how many will actually be willing to join the new site? I guess it will not matter if not all 1228 sign in, right? Let us know how can we help.

 

[Jack0123]

I wonder how much longer will it take for judge Young to rule on the interests and costs? The delay may be that she doesn't see the need in providing a decision since the majority has already settled their claims with Northmont? Or, if we're lucky, she has reviewed the letters we all sent her and 'hopefully', she may be contemplating in changing her mind?

“So long as the order has not been perfected the judge has a power of re-considering the matter, but, when once the order has been completed, the jurisdiction of the judge over it has come to an end.”

Today I found information I didn't realize i had.
Turns out we all have each others names already.
Burred in a barrage of attachments in the Aug 18/2016 update are 2 lists of names, Court application Cranbrook (all the BC defendants 475) and court application Edmonton ( all the Alberta defendants 753). Adds up to 1228 defendants.
And surprise surprise on the list is a friend of mine who builds websites. He said its possible to build a site that people could access only with permission of an administrator. If your name's not on one of those lists you wouldn't get in.
Please give me some feedback on if you think this could be a tool.

Having a website for everyone affected seems like a wonderful idea as long as we all have the right to voice our concerns freely and are not arbitrarily controlled like in previous secret or private groups. How long would it take to have one in place?

We were sued in Calgary and di not appear on either of the two lists. strange as it may seem

 

[Plus454]

We were sued in Calgary and di not appear on either of the two lists. strange as it may seem

Well that's just weird, there will be more on a Calgary list somewhere.