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

[LilMaggie]

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.

Exactly! The release dang well better be in order.
Perhaps I should start emailing NM demanding my release papers by a certain date, say March 28, or else they can pay me back all the interest I paid them! That would give them a whole month to get the thing done.
This is far from behind me. Look out MG!

 

[CleoB]

I thought Judge Young was going to make the decision on interest and costs on March 8 but I receive a copy of her decision dated February 28. So what is March 8?

 

[LilMaggie]

I thought Judge Young was going to make the decision on interest and costs on March 8 but I receive a copy of her decision dated February 28. So what is March 8?

March 8 is the appeal.

 

[Ultimate_Betrayal]

So has Michael Geldert provided anyone with Judge Young's current Supplemental Decision related to the Alberta trials costs and interest?
(Specifically the people who fired or were fired by Michael that now have to represent themselves as it's most important for them i.e. Option 2)

Probably not as most of us didn't even know this meeting had occurred right around the time he was throwing us all into the SIF shackles - well guess we were all misdirected again as its already a done deal. You might get it in your Micheal Geldert divorce package or if you pay for it probably sometime after it would be helpful for you to prepare or know what the court says you need to pay.

This Decision was just filed February 28th related to the James and Diane Reid action after our defense team and Northmont presented their argument Nov 16th to Judge Young - pretty interesting that Geldert never mentioned this or even provided any documentation related to it like the "Simovonian Affidavit" which is important to anyone who still has to pay as it tells what the individuals principal amount is for each of us.

Just a quick synopses of the Judge Young Supplemental decision:

• interest was determined (very beneficial to people who purchased prior to 2004 only because Judge Young protected them with the Interest Act - good thing she did as Strathcona Law Groups Barry King didn't think it was important and felt 25% was okay during the trial)
• costs - Judge Young granted a penalty for enhanced costs because our lawyers like to abuse the system
• Expired Claims - Geldert was too lazy to prepare a list of these in the written submissions so blew an opportunity to save a few of us thousands of dollars and again painted everyone with the same brush

If you want a copy I would suggest asking Michael Geldert for it:
michael@geldertlaw.com
patricia@geldertlaw.com
sunchaser@geldertlaw.com
intrawest@geldertlaw.com

 

[Petus@18]

I received her decision as well via Geldert (6 days after she filed).

The judgment awarded to the Plaintiff in each SLG Action is the principal amount as set out in the Simovonian Affidavit. Interest is to be calculated on those principal amounts at the rate of 5% per annum for those VIAS that pre-date 2004 and at the rate of 26.824% per annum for all other VIAs.
[23] Counsel for the Plaintiff is directed to prepare a "judgment roll" for each of the SLG Actions, specifying on one page for each action: action number, style of cause, VIA date, principal sum, rate of interest, calculation of interest including dates from which interest begins to the date of this decision and a per diem thereafter, applicable Federal Goods and Services Tax and costs of $1,162.50 (the "Judgment Rolls"). The Judgment Rolls are to be provided to Counsel for the Defendants within 30 days of the date of this decision. Counsel for the
Defendant will then have 21 days from receipt of the Judgment Rolls to review them and advise Counsel for the Plaintiff, in writing, whether there are any concerns with the Judgment Rolls.

Judge Young's decision was also based on Geldert's absolute incompetence, quote "I am satisfied that as a result of my findings of resjudicata, abuse of process and vexatious proceedings in the Decision, the Plaintiff is entitled to costs on an enhanced basis"

Judgment roll refers to collection of papers filed by the clerk of the court where the action or proceeding is in a court of record. It is filed when the clerk enters judgment. It includes every part of the action or proceeding, or such parts as the statute may specify.

If we don't have a lawyer now, who are they seving? Geldert? how can we object? We have to attend the appeal on Thursday.

 

[Timesharepain]

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.

I can't seem to find the list of those served in BC..can someone tell me how to search for it...I tried civil claims under Goldberg or under our name but nothing...we were with Gelert...Thanks

 

[Ultimate_Betrayal]

I received her decision as well via Geldert (6 days after she filed).

The judgment awarded to the Plaintiff in each SLG Action is the principal amount as set out in the Simovonian Affidavit. Interest is to be calculated on those principal amounts at the rate of 5% per annum for those VIAS that pre-date 2004 and at the rate of 26.824% per annum for all other VIAs.
[23] Counsel for the Plaintiff is directed to prepare a "judgment roll" for each of the SLG Actions, specifying on one page for each action: action number, style of cause, VIA date, principal sum, rate of interest, calculation of interest including dates from which interest begins to the date of this decision and a per diem thereafter, applicable Federal Goods and Services Tax and costs of $1,162.50 (the "Judgment Rolls"). The Judgment Rolls are to be provided to Counsel for the Defendants within 30 days of the date of this decision. Counsel for the
Defendant will then have 21 days from receipt of the Judgment Rolls to review them and advise Counsel for the Plaintiff, in writing, whether there are any concerns with the Judgment Rolls.

Judge Young's decision was also based on Geldert's absolute incompetence, quote "I am satisfied that as a result of my findings of resjudicata, abuse of process and vexatious proceedings in the Decision, the Plaintiff is entitled to costs on an enhanced basis"

Judgment roll refers to collection of papers filed by the clerk of the court where the action or proceeding is in a court of record. It is filed when the clerk enters judgment. It includes every part of the action or proceeding, or such parts as the statute may specify.

If we don't have a lawyer now, who are they seving? Geldert? how can we object? We have to attend the appeal on Thursday.

Glad you heard from him as I was getting worried he might skip town with the $40 million he just took in from the Option 1 people as I didn't think anyone had heard from him.

Maybe Strathcona Law Group will be forced into some pro bono work as directed by the court as they are the Lawyer's on Record!!

 

[CleoB]

March 8 is the appeal.

Glad you heard from him as I was getting worried he might skip town with the $40 million he just took in from the Option 1 people as I didn't think anyone had heard from him.

Maybe Strathcona Law Group will be forced into some pro bono work as directed by the court as they are the Lawyer's on Record!!

Nothing saying he hasn't skipped town. With the internet it's very easy to send out emails.

 

[greyskies]

Does this apply to everyone? Regardless of whether you chose option 1 or 2? Is there anything that can be done if we've already paid?

Sent from my ONEPLUS A3000 using Tapatalk

 

[Timesharepain]

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

When we said we were not paying he sent us a counter claim document for $36000 rather than initial 27,000.. Plus some other interest...or was court form but not stamped or signed or anything

 

[CleoB]

Does this apply to everyone? Regardless of whether you chose option 1 or 2? Is there anything that can be done if we've already paid?

Sent from my ONEPLUS A3000 using Tapatalk

I don't believe so as those that have sent in their cheques basically are saying "yes we agree to the 26.82% and here's my money"

 

[greyskies]

I don't believe so as those that have sent in their cheques basically are saying "yes we agree to the 26.82% and here's my money"

I should have listened to the forum!

Sent from my ONEPLUS A3000 using Tapatalk

 

[CleoB]

When we said we were not paying he sent us a counter claim document for $36000 rather than initial 27,000.. Plus some other interest...or was court form but not stamped or signed or anything

Who sent it to you? Geldert?

 

[Petus@18]

Glad you heard from him as I was getting worried he might skip town with the $40 million he just took in from the Option 1 people as I didn't think anyone had heard from him.

Maybe Strathcona Law Group will be forced into some pro bono work as directed by the court as they are the Lawyer's on Record!!

Are you attending the appeal?

 

[MarcieL]

Most of is option 1 people at least us paid because we could not afford any more interest charges. We are in our 8th decade and as it was had to borrow to pay the 40 grand. Had we owed less we would have endured the pain.

 

[Can't_Give_Up]

Went to the court house today and they informed me that we should file an affidavit to be heard/make the judge aware that we want to continue with the appeal. It is also a way to formally inform the judge about the circumstances of our case (i.e. Lawyers withdrawal, not enough time to prepare for an appeal, lawyers not providing info to us in a timely basis, other circumstances of our case, issues with Judge Young’s ruling, etc). Everyone should try to file an affidavit even if they are going to be present that day in court. First print off the attached affidavit or download it from the Alberta Court website:

https://albertacourts.ca/qb/areas-of-law/civil/forms

About ¾ down the page listed as Generic Affidavit CTS3819.

Only original copies will be accepted.

If you live in Edmonton, it is super easy. Fill out the affidavit and take it to the Court of Queen’s Bench. You will need to get it signed by a commissioner and then they will file it for you. It is free to get it commissioned and to file it. The wait time depends on how many people are there. The first time I went to find out about the appeal date, I waited an hour; today I was in and out in 15 minutes.

If you live elsewhere in the province: Fill out the affidavit and take it to any Provincial Court and get it commissioned for free (the Edmonton law court advised me that all courts should have a commissioner of oaths, but you may want to call before you go). Then you will have to take the original and send it via mail (check with Canada Post to see if it will make it there on time through Express/Next day shipping). Another option is to have a lawyer fax it for you. Apparently only lawyers can fax affidavits to the court house. This shouldn’t cost you too much, but again you will have to call one and find out how much they charge.

If you live outside of the province: Fill out the affidavit and get it notarized. Your local court house may have a notary (for a small fee, again call before you go) or you can take it to a lawyer to get it notarized. Then you can either send it via mail or have a lawyer fax it for you.

If you can’t mail or fax it in time, you may be able to scan and email a copy to someone else through tugs or Facebook to present it for you on your behalf. There is no guarantee that the judge will look at it since it hasn’t been filed and is not the original, but it could be an option for those that can’t make it.

I will be filling out mine tonight and taking it in tomorrow. If anyone wants to send me theirs, I will bring it with me on March 8th. My email address is cantgiveup99@gmail.com

Everyone in attendance that day should meet up afterwards so we can at least exchange contact info and also to discuss how to proceed with the appeal. Thanks.

 

[Petus@18]

Would anyone attending the appeal wants to get together afterwards? In the cafeteria maybe? I know Truth's secret group have already a plan, but they don't really need anyone else to go ahead with it. It is too bad that they continue to be divided from the rest of us. After all, we all got screwed by the same morons. We all know that the more people you can gather into one group the better and the less money each person needs to pay for legal fees. This sort of nonsense will continue hurting us all. I truly hope that the new site being created could keep us together. Maybe we can recoup our losses by going after the dopey 'lawyer' as soon as possible.

 

[Petus@18]

Most of is option 1 people at least us paid because we could not afford any more interest charges. We are in our 8th decade and as it was had to borrow to pay the 40 grand. Had we owed less we would have endured the pain.

You did what it was best for your family. No worries, we will sue Geldert and company and we may get back what it was taken from us by force and illegally.

 

[Petus@18]

Google's Maps another great way to leave our reviews about our lawyer's conduct!

 

[truthr]

Would anyone attending the appeal wants to get together afterwards? In the cafeteria maybe? I know Truth's secret group have already a plan, but they don't really need anyone else to go ahead with it. It is too bad that they continue to be divided from the rest of us. After all, we all got screwed by the same morons. We all know that the more people you can gather into one group the better and the less money each person needs to pay for legal fees. This sort of nonsense will continue hurting us all. I truly hope that the new site being created could keep us together. Maybe we can recoup our losses by going after the dopey 'lawyer' as soon as possible.

Whether my "secret" groups have a plan already or not does not hinder anyone else from proceeding with whatever plan they wish. To my knowledge no one is being held captive in any of the other groups.

As for the more people in any one group the better - not necessarily the case as we have all experienced in this fiasco; some people work better together than others. Not a slight on any of the individuals or groups just a fact of life. It may be that the more people the less money each person needs to pay for legal fees; however it is a LOT more complicated than that as those who have been in contact with lawyers have discovered.

"This sort of nonsense will continue hurting us all" - again incorrect and shortsighted as anyone, whether an individual or group, can do whatever they wish without it affecting anyone else other than the members of whatever group gather together.

If you or anyone else wants to start a site of your own, guess what? You can and I encourage you to do so rather than complain or attempt to ride others' coattails that have worked diligently and tirelessly for years.

 

[Timesharepain]

Who sent it to you? Geldert?

Yes it was from him once we let him know we were very unhappy with settlement and were not paying it.

 

[CleoB]

Yes it was from him once we let him know we were very unhappy with settlement and were not paying it.

I hope you have filed a complaint with the B.C. Law Society and have forwarded that email to them.

 

[Rider Nation Rocks]

The plot thickens again. Anyone have any idea if the Pre 2004 VIA decision from the judge in Edmonton will have any impact on what transpired with the Branch decision in BC?? Still have not been able to track down a Schedule A or Schedule B from the WanKel Affidavit referenced in the Branch decision. Us option 2 people really left flapping in the wind. Anyone else get a letter from Sunchaser informing them that there VIA had been terminated but they still want there sweet moolah. Just keeps getting curiouser every day. Feel that the Young supplemental rulings were the closest thing to a win we have had lately.

 

[CleoB]

The plot thickens again. Anyone have any idea if the Pre 2004 VIA decision from the judge in Edmonton will have any impact on what transpired with the Branch decision in BC?? Still have not been able to track down a Schedule A or Schedule B from the WanKel Affidavit referenced in the Branch decision. Us option 2 people really left flapping in the wind. Anyone else get a letter from Sunchaser informing them that there VIA had been terminated but they still want there sweet moolah. Just keeps getting curiouser every day. Feel that the Young supplemental rulings were the closest thing to a win we have had lately.

Have there been people that have received a signed termination to their VIA's that are option 2 people? I think option 2 is hoping to get in there and change things according to the contract. Change the manager, set up a homeowners association (which is what NM said they would do in the CCAA hearings) and just basically make NM life a living hell.

 

[Petus@18]

Whether my "secret" groups have a plan already or not does not hinder anyone else from proceeding with whatever plan they wish. To my knowledge no one is being held captive in any of the other groups.

As for the more people in any one group the better - not necessarily the case as we have all experienced in this fiasco; some people work better together than others. Not a slight on any of the individuals or groups just a fact of life. It may be that the more people the less money each person needs to pay for legal fees; however it is a LOT more complicated than that as those who have been in contact with lawyers have discovered.

"This sort of nonsense will continue hurting us all" - again incorrect and shortsighted as anyone, whether an individual or group, can do whatever they wish without it affecting anyone else other than the members of whatever group gather together.

If you or anyone else wants to start a site of your own, guess what? You can and I encourage you to do so rather than complain or attempt to ride others' coattails that have worked diligently and tirelessly for years.

Thank you, I appreciate your perspective.