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

[aden2]

Thank you very much for the information. Glad that our side of the truth is being heard. No more BS from MG.
By 76 not signed the release papers, does that mean there are 76 of us who have not paid?

YES HAVE NOT PAID!

 

[Frau Blucher]

tswow has been AWOL for quite some time. I wonder why that is?

 

[servemeout]

Our guess is that there are more than 76 that have not paid. Time may increase that number. Like the guy that stayed too late in the bar, then called home and said don't pay the ransom - I got loose!

 

[aden2]

It was interesting to note today (March 8th) that the Queen's Bench is not bound by any gag order that may have been sign by VIAs with Northmont!

 

[Ultimate_Betrayal]

I want to say a big Thanks You to everyone who took the time to have their voice heard the last few months - I believe this added to the favorable information provided in Judge Young's recent supplemental decision and at today's hearing.

These are both WINS for us!!

People have heard us and are starting to do what they can to help - now we just need to put all the pieces they have given us together ourselves to move forward as I truly believe these Judges see we have been taken advantage of on many levels.

IT'S HUGE - Everyone has been given the opportunity to appeal the recent decision including Option 1 clients who Micheal Geldert and Northmont felt they already defeated.

Now along with complaining to the Law Society about Michael Geldert actions there is another opportunity to set things right related to Northmont.

Kirk was pretty pissed and left early after being ignored by his lawyer so in no way did he get his way today and hopefully the Court saw the real person who is treating us like a part of his game - that in itself was worth watching.

Both Counsel's lost and looked small today - today definitely didn't go their way and they had to tuck those tails in while they walked away defeated.

To the four people who stood up today and spoke - Thank You for your courage and representing all of us with your words!!!

Barry King - thanks for the pro bono work and we will make sure you are held accountable to follow the courts request and your offer to contact everyone to consent to release individual contact info in aiding us to get organized. If I were you it might be just easier and faster to just get Michael Geldert to send out an email with the entire contact list you conveniently didn't bring with you today.

https://www.canlii.org/en/ab/abls/doc/2010/2010abls9/2010abls9.html?resultIndex=20

I guess the real message is - we started a fight we believed in and are not going to give up

 

[truthr]

Hey Peeps - What an exciting couple of days. Someone who was in attendance today sent me this to share with you all - thanks to all who were there and especially those who spoke.

March 8th, 2018 - In Court today a Judge, whose name I didn't catch, discussed the manner in which the Appeal of Young's decision would proceed. If the Appeal does proceed, this Judge will be presiding. The principal reason for this session was because Barry King, who filed the Appeal, was giving notice that he was withdrawing as legal counsel for all of the Geldert clients.

Jud Virtue (Norton Rose Law), representing Northmont, opened with two points.
1) He suggested that since the Reids had settled with Northmont the Appeal should not proceed.
2) That all of the 640-Geldert clients who have settled with Northmont should be "dismissed" from this Appeal.

On the first point, the Judge said that an Appeal could proceed without the Reids.

On the second point, Northmont had argued that having settled, it made no sense for these defendants be included. Virtue also argued that Northmont was obligated in the Settlement Agreement to release those in Option 1 from any further legal action. The Judge wasn't prepared, at this time, to exclude those who had settled.

Before today, Virtue and King agreed that there were either 76 or 77 defendants who had not settled with Northmont. One lawyer had listed a defendant as not having settled; and, the other lawyer had that same defendant as having settled.

King is going to write each of the 77 and ask for their permission to share their contact information. Sharing their contact information will give this group an opportunity to join together and seek a lawyer. Everyone intending on appealing must notify Virtue before May 3rd. If no one contacts Virtue before May 3rd, there will not be an Appeal.

The Judge made it clear that he was not making any decisions today but did allow every defendant to address the Court. Five defendants spoke. Some read prepared statements, and some made impromptu remarks.

The next session in Court will be May 10th. This will not be the Appeal but a further discussion on if and how to proceed.

 

[Petus@18]

The judge seemed so very nice and was shocked when he was told that Geldert has been withholding information and documents from us in order to screw us with the appeal. The judge suggested to report him with the law society. We should send them a follow-up message referring the judge's comments. King got up of his chair at that point and he said that it would be impossible to provide everyone with copies of all documents. Our answer to this stupid comment was, it is possible if they send this information electronically. The judge couldn't believe Geldert is doing this to all of us. He indicated he couldn't do anything about it but again, he suggested we contact the law society. Does anyone attending knows the name of the judge? I believe that there were 4 gentlemen and a very nice lady that stood up and told the judge what we have endured for so many years under the negligence of our 'entertainment lawyer'. Bravo!!

 

[Floyd55]

I want to say a big Thanks You to everyone who took the time to have their voice heard the last few months - I believe this added to the favorable information provided in Judge Young's recent supplemental decision and at today's hearing.

These are both WINS for us!!

People have heard us and are starting to do what they can to help - now we just need to put all the pieces they have given us together ourselves to move forward as I truly believe these Judges see we have been taken advantage of on many levels.

IT'S HUGE - Everyone has been given the opportunity to appeal the recent decision including Option 1 clients who Micheal Geldert and Northmont felt they already defeated.

Now along with complaining to the Law Society about Michael Geldert actions there is another opportunity to set things right related to Northmont.

Kirk was pretty pissed and left early after being ignored by his lawyer so in no way did he get his way today and hopefully the Court saw the real person who is treating us like a part of his game - that in itself was worth watching.

Both Counsel's lost and looked small today - today definitely didn't go their way and they had to tuck those tails in while they walked away defeated.

To the four people who stood up today and spoke - Thank You for your courage and representing all of us with your words!!!

Barry King - thanks for the pro bono work and we will make sure you are held accountable to follow the courts request and your offer to contact everyone to consent to release individual contact info in aiding us to get organized. If I were you it might be just easier and faster to just get Michael Geldert to send out an email with the entire contact list you conveniently didn't bring with you today.

https://www.canlii.org/en/ab/abls/doc/2010/2010abls9/2010abls9.html?resultIndex=20

I guess the real message is - we started a fight we believed in and are not going to give up

I sure hope that you are right that option 1 people are allowed to be included in this appeal! We were coerced into paying by MG's scare tactics and threats along with the ridiculous timeline that he agreed to. It was not a fair settlement and if there is a way to fight it we are on board. I would only hope that whatever legal team is agreed to this time is willing to work on the principle that they recieve payment as a percentage of what funds they are able to reclaim for option 1 people and what they are able to save others from their original bill from Northmont. I can't afford to put more money into this effort right now.

 

[MarcieL]

It appears this judge due to people having a voice today perhaps sees these people for who they are. Encouraging that option 1 people may even be allowed to appeal however contingency would be favorable as we are also on the E for further cash.

 

[Floyd55]

I could be missing something, but the problem that I see is that there is a deadline to inform Virtue of our intent to appeal by May 3rd but the details of the appeal proceeding and whether option 1's will be included will not likely be known until May 10th. Also, it sounds like option 1's won't be included in the email list that is provided, only the 77 who did not settle. How are the rest of us supposed to get ourselves included in this appeal if it goes forward?

 

[tssuck]

It appears this judge due to people having a voice today perhaps sees these people for who they are. Encouraging that option 1 people may even be allowed to appeal however contingency would be favorable as we are also on the E for further cash.

Great job done by those who were in court for us. Thank you so very much. Finally someone who is looking at all the facts. NM and MG - BEWARE

 

[MarcieL]

tswow has been AWOL for quite some time. I wonder why that is?

He's counting his millions.

 

[appealerforsure]

Been waiting for this great news for years!!! We were blindly led off the cliff by MG like so many others and now after paying the extortion fee to escape we finally have hope on our side. We want to appeal this and be part of a group that will sue MG also.I suggest all the others that have paid the unwarranted fees should do the same.I have wondered why after being held to such a strict deadline to pay to get out why I wasn't receiving the release from MG and now know why.MG and KW are delaying paperwork because of what is taking place in court,that is now so obvious.MG has intentionally avoided my questions or gave incomplete info when asked about upcoming appeals and the effect of them on the settlement reached.This message has to get out to all that have settled as many do not know of the existence of these posts.Complaint to BC law will be put in shortly and I want to appeal this ridiculous settlement.Can someone post an outline of what exactly needs to be done to help all others,step 1 appeal process and proper way to do it and step 2 information on how to set up a group to sue MG. I have read every post and want to thank everyone from the bottom of my heart for taking the time out of their busy lives to take on these white collar criminals. We will win and get peace of mind finally after soooo many years of stress because of this battle.When I ever have to use a lawyer again I will be much more aggressive in how I deal with them and as for timeshares,well KW you have destroyed the integrity and honesty of all timeshare ownership because of your evil corrupted ways and the industry will suffer because of your greed. JUST TO LET YOU KNOW KW and MG IT IS VERY HOT IN HELL.

 

[Petus@18]

What we understood was that anyone who has not paid the settlement is entitled to continue with the appeal. It did not matter what option (or not option) you selected in December. Please correct me if I am wrong.

 

[Hotpink]

It was very interesting to note that Virtue not Sauvignon was representing NM . Virtue's law practice is also the one that told NM in a 2013 letter to NM that they are responsible for paying their share of the fees that all the rest of the lessees/ owners were being ask to pay. To date they have not; at least to my knowledge, and now they are trying to quash the revolt of the honest folk.
If KW is going to continue to act as a spoilt brat by taking his ball and going home because not everyone wants to play by his rules; it brings to mind an old statement I've heard.

If he was to suffer from a case of spontaneous combustion , I could not bring it upon myself to micturate upon that person suffering from such an inflammation

I could put it in a more vernacular language , but will wait until we see him in court again and tell him in person.

Lets see if all the parties actually follow through with what they are suppose to do.
Question about Judge Young's ruling from Feb 28. Does NW have to provide the information demanded in her decision in the timeframe she provided or is every thing on hold until this portion is completed.
If the appeal is heard and her original ruling is over turned what happens then.
This is becoming even muddier than the Mississippi in the spring.

 

[waikikibound]

What we understood was that anyone who has not paid the settlement is entitled to continue with the appeal. It did not matter what option (or not option) you selected in December. Please correct me if I am wrong.

That is what I heard as well...those who haven’t settled (in either options) can continue with the appeal.

Jud Virtue asked that those who have already settled should be released and the Justice did not agree or disagree. BUT the Justice didn’t see a necessity to do the release yesterday and wanted to adjourn all matters to deal with on May 10.

 

[Sunchaser Barbados]

If he was to suffer from a case of spontaneous combustion , I could not bring it upon myself to micturate upon that person suffering from such an inflammation

It's Friday and this is my third martini. I'm pretty sure I am going to have to micturate soon. Getting back to your point. I'll do it. In court, on the street, a Russian hotel room, anywhere really, on fire or not. Generally though, I prefer hydrants.

 

[CleoB]

That is what I heard as well...those who haven’t settled (in either options) can continue with the appeal.

Jud Virtue asked that those who have already settled should be released and the Justice did not agree or disagree. BUT the Justice didn’t see a necessity to do the release yesterday and wanted to adjourn all matters to deal with on May 10.

I suspect that is because he wants to get familiar with the case. He has a lot of reading to do.

 

[truthr]

I have some news from the Edmonton courthouse as I just got off the phone with a supervisor there who I have spoken to before.

I had heard that the judge presiding yesterday was Justice JJ Gill but after doing some research online could not find his name in the AB Appeal Justices names, hence my call to the courthouse for clarification. First, according to the person I spoke with, this is how the appeal process works. When something is appealed it is not just elevated to the Appeal Court, it is elevated to the next level of court. What that means for us is that Judge Young's decision was from the Provincial Court of AB so the appeal was elevated to the AB Court of Queen's Bench which is where the Honourable Mr. Justice JJ Gill is listed. If you google his name you can see some of the press releases of cases he has presided over.

Second, regarding transcripts of yesterday's hearing - that can be done through the transcript management office (phone number removed). Our group will be contacting them today to inquire as to the cost and time to get them and if anyone who is not part of my FB group would like a copy and is willing to pay for it please private message me. Of course we won't know the cost per person until we know how much it will be and how many people are contributing. Edited to add: I called the number that the courthouse gave me and have since deleted because the person at that number told me that all transcripts have to be ordered online (I will provide the link) and all offices except Calgary are closing in a couple of weeks.
The link https://www.alberta.ca/order-courtroom-transcript.aspx

Third, I also found out that there is a way for us to get any and all court documents, orders, affidavits that MG and BK are not providing us with that we may need but again that will cost money - usually $1.00 per page and some of the documents are quite lengthy. One would think that since MG and BK should have these documents that they should be providing them to all the clients but alas that is not the case. Complaining about it accomplishes nothing and gets us nowhere but frustrated so I suggest some pro activity. Please don't misunderstand one should be requesting these from MG and BK and certainly reporting to the Law Society if they are not forthcoming.

 

[torqued]

My sincere THANK YOU for those who stood up and spoke for us all. Sounds like the judge was not just hearing but listening. A glimmer of hope!!

 

[truthr]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

 

[aden2]

My sincere THANK YOU for those who stood up and spoke for us all. Sounds like the judge was not just hearing but listening. A glimmer of hope!!

I was in touch with Civil court in Edmonton today, and was informed that at present there is a template of a Dispute Note" on file regarding NM. I filed my own "Dispute Note" as I wanted the real reason for the dispute registered (violation of the FTA 7.1). My dispute note will be on file as long as there is a judgement against me.

 

[aden2]

CONCERNS/ERRORS WITH JUDGE YOUNG'S DECISION:

1. The $1162.50 amount assessed each of the 740 people = $860,250.
None of the names were mention in the hearing!

2.Payments requested from Northmont is not a final payment!
There is no clause in our contract that requires a pay out payment of any amount, now such 162%.

3. Why is 100% charge for maintenance each year when the resort has not been used.

4.The resort has been downsized.

5. The contracts have been changed when Fairmont became bankrupt and finally insolvent.
Each contract should have been consulted to see if they want to stay and continue.

 

[Notwhatweweresold]

Well, well, well things just keep getting more and more interesting. Just when you think we have seen everything another twist to this sordid tale appears.

Has anyone else received this? Wonder if they are going to do this to all of us eventually? Wonder if this could be considered new evidence?


Northmont Resort Properties Ltd.
#170, 551 - 71 Ave SE
Calgary, Alberta
T2H 0S6

Customer Service:
Telephone : 1-877-451-1250
Fax: 1-888-378-4477
Payments:
Telephone : 1-866-663-6338

February 1, 2018

NOTICE OF TERMINATION

Dear Sunchaser Vacation Villas Owner

RE: Notice of Termination of Vacation Interval Agreements

You are hereby provided notice that the contracts ("VIAs") tied to the Vacation Interval Interests listed on the enclosed statement of account are hereby terminated effective February 1st, 2018.

As a reminder, this termination has no effect on your currently outstanding obligations and outstanding claim, as appropriate, against you for your current default.


You remain liable for all obligations under your VIAs for all outstanding balances and interest to the date of termination, including but not limited to, the 2018 maintenance fees.

Northmont Resort Properties Ltd.

Wow, you've been terminated! So, no further interest charges by NM/KW after Feb. 1, 2018 and NO $16,000 cancellation fee? Also, NO 120% upcharge and certainly NO 162% extortion charge - only the Judge Young-assessed court fee. I like the sounds of that for those who held out compared to the "Settlement" deal that 100s of us in AB paid under pressure and in fear. I'm thinking this pending appeal has KW/NM nervous.

 

[Frau Blucher]

CONCERNS/ERRORS WITH JUDGE YOUNG'S DECISION:

5. The contracts have been changed when Fairmont became bankrupt and finally insolvent.
Each contract should have been consulted to see if they want to stay and continue.

There is no requirement for the new ‘owners’ to contact every Lessee unless there was a bankruptcy clause in the original contact