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

[tssuck]

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

Are the US leasee names on any of the lists? How do we find out if our name is on the list, either BC or Alberta.

 

[servemeout]

We have never been served and our names are not on the lists. We paid for a search to be done on our names at the court house and our names were not included. We did not continue with MG on Dec 29.17. The BC list will have the Goldberg judgement apply and the Reid ruling in Alberta. If you have not been served with a suit against you - you have dodged that bullet. That does not mean the NM may not reload and fire another round, however the cost of doing so may not be economically sound and cost effective. NM now has the land, which is what was wanted from the beginning. The remaining TS still using the #NAFR can have the door closed on them and the previous owners can ride off into the sunset with more money than will fit into the saddlebags.

 

[aden2]

Since the March 8th hearing is held in the Court of Queen's Bench by a different Judge, it is essential that reference is made to the "DISPUTE NOTES" filed.

 

[NeverNeverAgain]

We have never been served and our names are not on the lists. We paid for a search to be done on our names at the court house and our names were not included. We did not continue with MG on Dec 29.17. The BC list will have the Goldberg judgement apply and the Reid ruling in Alberta. If you have not been served with a suit against you - you have dodged that bullet. That does not mean the NM may not reload and fire another round, however the cost of doing so may not be economically sound and cost effective. NM now has the land, which is what was wanted from the beginning. The remaining TS still using the #NAFR can have the door closed on them and the previous owners can ride off into the sunset with more money than will fit into the saddlebags.

Just curious, does anyone know why some were not served? If not served, NM can still come after you for some of the past and all future maintenance fees, right? With the 27% interest, it seems it may be worth their while. We were served but it just came standard snail mail, not registered as claimed in the papers. Maybe we should have just ignored it instead of getting MG to respond. Would have been nice to have some legal advice on that point. Also note that there are multiple lists of names. The one previously mentioned, sent in August 2016, is for the summary judgement and I think contained only had those MG clients that reside in Alberta and BC. I suspect there is not a single list or location to get all of the names of those affected. This is why it has been so difficult to organize. NM is the only one with complete information and still refuses to help organize a lessees association as specified in our lease agreements, as it works greatly to their advantage.

Seems to me this is a long way from being over with thousands still trapped in this mess. It still remains less than certain that those that settled (forced to settle) or paid to leave are actually free.

 

[servemeout]

At one point the mumbling bill collector Frenchman sent out papers that were not stamped by the courts. The statement of claims were done by regular mail. Yes this is FAR from a done deal. We are going by one and only one list, the one with the Court in Alberta. The group with MG was an easy target, someone had already rounded up the herd. If you attended the last session with Judge Young, she does not want to have courts loaded with NM actions. Her comment was "..the necessity of further judicial intervention." Once the land is sold off or converted to what ever they want - condo, hotel ,giant cesspool, asking for more maintenance fees for a few units at Riverside & Riverview will make keeping the lights on difficult. Here is the quote from the Norton Rose letter to Wankel dated Feb 5,2013.
" 2. As long term lessess and co-owners of the resort, all of the timeshare owners, including the developer, are responsible for payment of their proportionate share of all costs of administration, maintenance, repair and replacement of the resort." That has not happened.

 

[Petus@18]

Just curious, does anyone know why some were not served? If not served, NM can still come after you for some of the past and all future maintenance fees, right? With the 27% interest, it seems it may be worth their while. We were served but it just came standard snail mail, not registered as claimed in the papers. Maybe we should have just ignored it instead of getting MG to respond. Would have been nice to have some legal advice on that point. Also note that there are multiple lists of names. The one previously mentioned, sent in August 2016, is for the summary judgement and I think contained only had those MG clients that reside in Alberta and BC. I suspect there is not a single list or location to get all of the names of those affected. This is why it has been so difficult to organize. NM is the only one with complete information and still refuses to help organize a lessees association as specified in our lease agreements, as it works greatly to their advantage.

Seems to me this is a long way from being over with thousands still trapped in this mess. It still remains less than certain that those that settled (forced to settle) or paid to leave are actually free.

Do you know if those who settled received their releases yet? I wonder how Geldert is dealing with enforcing the automatic judgement for 162% for those who didn't sign the settlement?? This has to go to court don't you think?

I understand the appeal on March 8th and the civil claims filed against us are two different things. That's why, if you are not Appealing Judge Young's Decision, you should be filing a Dispute Note. You can certainly do both but we were told that during the appeal the disputes are not necessary at this time? Did you check with both, Provincial and Queen's Bench Courts?
If we are unsuccessful in the appeal on March 8th, we will need to wait for Judge Young' decision on the interests and costs, this decision can also be appealed. Again, the individual civil claims will be pending. All of this is so confusing!!!

 

[NeverNeverAgain]

Do you know if those who settled received their releases yet? I wonder how Geldert is dealing with enforcing the automatic judgement for 162% for those who didn't sign the settlement?? This has to go to court don't you think?

Have not yet got a settlement release. I don't know when to expect it or how it will come. Be interesting to see exactly what it says. As for the 162%, I think MG just signs the consent judgement, it is done, case is finished. I know this does not seem legal, but it is my understanding that since MG was our representative (expecting some good responses here), those he represented at the time agreed to the excellent settlement. NM still needs to collect on the judgement, the same as any other judgement. Just my understanding, I am no lawyer. For those MG clients that did not select option 1 and are in Alberta, the appeal should be a very high priority for you.

 

[Huckleberry]

Just curious, does anyone know why some were not served? If not served, NM can still come after you for some of the past and all future maintenance fees, right? With the 27% interest, it seems it may be worth their while. We were served but it just came standard snail mail, not registered as claimed in the papers. Maybe we should have just ignored it instead of getting MG to respond. Would have been nice to have some legal advice on that point. Also note that there are multiple lists of names. The one previously mentioned, sent in August 2016, is for the summary judgement and I think contained only had those MG clients that reside in Alberta and BC. I suspect there is not a single list or location to get all of the names of those affected. This is why it has been so difficult to organize. NM is the only one with complete information and still refuses to help organize a lessees association as specified in our lease agreements, as it works greatly to their advantage.

Seems to me this is a long way from being over with thousands still trapped in this mess. It still remains less than certain that those that settled (forced to settle) or paid to leave are actually free.

There is a statute of limitations. In my humble opinion if I was in your situation I would have sat tight and as quietly as possible.

 

[MarcieL]

Same with us Huckleberry.
We got M.G. involved cost us near 40 grand. Hindsight should've sat tight. Releases to be implemented by May.

 

[Plus454]

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.

I won't be attending the appeal, I'm curious to see where it leads though.

 

[aden2]

Northmont Resort Properties Ltd is using the agrument in filed court documents "as per provisions of the agreement ". What about the signed agreement that has been changed, or there was misrepresentation when the agreement was signed (fraud). Today it is urgent to deal with the facts concerning "the agreement".

 

[MarcieL]

That ship sailed with Jeke Aden, we were all lumped into one, which has been previously stated many times. The judge claimed " Res Judicia" when Barry King tried to reintroduce the contractual issue.

 

[Petus@18]

Is it a 2 year time limitation we have to sue Geldert? We should start planning now how to commence a class action lawsuit against him and all of the other morons he hired! If a new website is available for everyone to join, this would be ideal! I think it will be easier to find a law firm that could work with us on a contingency fee retainer agreement. Anyone knows how we can find out what kind of insurance Geldert et al have available?

 

[aden2]

That ship sailed with Jeke Aden, we were all lumped into one, which has been previously stated many times. The judge claimed " Res Judicia" when Barry King tried to reintroduce the contractual issue.

That is why we file a dispute note stating why we do not owe the money!

 

[LilMaggie]

Do you know if those who settled received their releases yet? I wonder how Geldert is dealing with enforcing the automatic judgement for 162% for those who didn't sign the settlement?? This has to go to court don't you think?

I understand the appeal on March 8th and the civil claims filed against us are two different things. That's why, if you are not Appealing Judge Young's Decision, you should be filing a Dispute Note. You can certainly do both but we were told that during the appeal the disputes are not necessary at this time? Did you check with both, Provincial and Queen's Bench Courts?
If we are unsuccessful in the appeal on March 8th, we will need to wait for Judge Young' decision on the interests and costs, this decision can also be appealed. Again, the individual civil claims will be pending. All of this is so confusing!!!

So very confusing!!
Still waiting on the release. I would also love to know how MG is proceeding with the 162% bill collecting.

 

[LilMaggie]

Is it a 2 year time limitation we have to sue Geldert? We should start planning now how to commence a class action lawsuit against him and all of the other morons he hired! If a new website is available for everyone to join, this would be ideal! I think it will be easier to find a law firm that could work with us on a contingency fee retainer agreement. Anyone knows how we can find out what kind of insurance Geldert et al have available?

There is info re: that on the lawyers insurance website. I think it covers a couple million per lawyer per year...if I remember correctly. I reckon anything over and above that would have to come out of his pocket! You know I’m in!!!

 

[LilMaggie]

Anybody hear anything back from the B.C. law society regarding the multiple complaints filed? Do they need more info from us?

 

[MarcieL]

Nothing from the law society.

If anyone finds a GOOD Lawyer that takes on litigation malpractice on contingency please let me know. We presently cannot afford anymore $$ on our pensions, after this 40 grand slaughter.

 

[dotbuhler]

Anybody hear anything back from the B.C. law society regarding the multiple complaints filed? Do they need more info from us?

Letter stating that they will contact me if they require more information.

 

[LilMaggie]

Letter stating that they will contact me if they require more information.

Same.

 

[MarcieL]

So very confusing!!
Still waiting on the release. I would also love to know how MG is proceeding with the 162% bill collecting.[/QE]

It was specified the release would be by the end of May.

 

[Floyd55]

Letter stating that they will contact me if they require more information.

Same with me. Just waiting to hear back from them. I'm all over the idea of a lawsuit against MG for malpractice if it is done on retainer.

 

[Petus@18]

Really? Geldert paid Northmont on February 28th or so and he doesn't provide the releases until May!! What kind of a lawyer does that? A complete idiot or someone who may now be working for them

Under normal circumstances and with a competent lawyer looking after his clients' interests, the money is released at the same time the release documents are provided. Why is he taking 3 months???? Did he provide a reason?

 

[MarcieL]

NM has to sign all the releases as well. Many of us engaged lawyers to go over the documents, all appeared to be in order. We had time constraints but not so for them. I will be happy to have it in the rear view mirror, horrendous experience to have to go through in your 8th decade.

 

[CleoB]

Really? Geldert paid Northmont on February 28th or so and he doesn't provide the releases until May!! What kind of a lawyer does that? A complete idiot or someone who may now be working for them

Without prejudice
Under normal circumstances and with a competent lawyer looking after his clients' interests, the money is released at the same time the release documents are provided. Why is he taking 3 months???? Did he provide a reason?

If Geldert provided a list to NM of those that were settling NM should have the release documents drawn up and signed....then they should sit down with Geldert and exchange money/documents. What Geldert is doing is another stupid thing.
Without prejudice