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

[Spark1]

Send me a message via "conversations" is what I mean for this site. Pardon the fb speak. And if you were served anywhere in B.C. (so far: Vancouver, Nelson, Cranbrook and now, Golden Registries) you will probably be on the B.C. Roll. Alternatively, if you do not see your name on the Alberta Judgement Rolls, you are probably on the B.C. Rolls. Any lawyer worth his salt would have made a point of being explicit on this. Ours, however, was once again M.I.A..

This is another reason why we have to hear from the Law Society of B.C. before a appeal. Northmont’s Lawyer MG Made a lot of money jumping on the other side of the fence. We need the governments to get of their asses and do something this is Fraud.

 

[CleoB]

I do not have a copy. Modification, unilateral amendments of My contract falls under item #37 called Notices: Notices under this Lease shall be deemed to be validly given when deposited postage prepaid in a postal box in Canada and addressed to the Lessee at the Address in the register maintained by the Trustee as contemplated by paragraph 18 hereof,except during any interruption of postal service when notice shall be given only when delivered by hand or acknowledged as received by the Address. Unilateral Amendments to our Contracts when you read Notices in my Lease Contract is the Same as Bill 31 passed Dec 17/2017 which states you have to contact the owner of the contract first before you do a unilateral Amendment and if you do not there than is no Contract. This is now the Law under the Fair Trading ACT. We have never signed any documents. I first seen Northwynd did this when a friend of mine should me a email he received Nov06/2017. This should of been looked after before Judge Young’s Case. They were saying we are all VIAs under JEKs Contract 2010. It was mentioned that Judge Young said our Contracts did not change. If that is the case why the Capital renovation of $4100 plus GST when there is no mention of Capital expenses in our Lease Contract. MLT AIKINS David Wotherspoon says Northmont’s Unilateral Amendments to the VIAs are Unauthorized. Every one should read page 2 of David’s report.

I found what you are referring to in the letter dated Nov 3/17.

 

[aden2]

NEW) ABQB Order of Justice Gill, Appeal of Northmont v. Reid, March 22, 2018 – go to Sunchaser Website
Click on Renovation at the top and then down to Court Proceeding and then to ABQB Order of Justice Gill

 

[aden2]

All Fairmont VIA's have a default clause #13 on most contracts. After the ,usually 90 day default, the time share contract may be terminated. Consumer Protection Act #4 (b) "a provision of the contract is ambiguous, the provision must be interpreted against the supplier or licensee, as the case may be." Dated 1998 Alberta.

 

[CleoB]

All Fairmont VIA's have a default clause #13 on most contracts. After the ,usually 90 day default, the time share contract may be terminated. Consumer Protection Act #4 (b) "a provision of the contract is ambiguous, the provision must be interpreted against the supplier or licensee, as the case may be." Dated 1998 Alberta.

It's too bad that Geldert didn't fight this in court. The key word being "may" in the contract is overruled by the CP Act favoring the consumer. But can that be now argued in court?

 

[aden2]

Most Time Share Contracts should have been terminated in 2013! Therefore no further charges of yearly maintenance fees legally would have been charged...

 

[dotbuhler]

So, March 21, 2018 Northmont filed an Appeal against Judge Young's Decision that has pre-2004 leases to be charged at 5% interest. What dirty buggers!

 

[Stung]

NEW) ABQB Order of Justice Gill, Appeal of Northmont v. Reid, March 22, 2018 – go to Sunchaser Website
Click on Renovation at the top and then down to Court Proceeding and then to ABQB Order of Justice Gill

https://sunchaservillas.ca/renovation-program/court-proceedings/
https://sunchaservillas.ca/wp-content/uploads/2018/03/2018-03-08-Order-Redacted.pdf

 

[Spark1]

It's too bad that Geldert didn't fight this in court. The key word being "may" in the contract is overruled by the CP Act favoring the consumer. But can that be now argued in court?

What is the CP ACT ?

 

[Spark1]

What is the CP ACT ?

When any of these Judges can show me in my Vacation Villa Lease Contract that a new owner can go after me for past maintenance fees that we paid before this Freedom To Choose and say we did not pay enough maintenance fees on all the years before the bankruptcy. That is Fraud. Also every one should not forget how much money we are out because of the bankruptcy and we lost the right to use this resort as explained in the Canadian Consumer Protection Handbook. Northwynd we do not need to accept your bullshit Freedom to Choose it is not in my Contract but Item #13 is. You will never get 1cent from me and you will regret trying.

 

[aden2]

Consumer Protection Act of Alberta takes priority and protection regarding contracts!

 

[CleoB]

What is the CP ACT ?

Consumer Protection Act now known as Bill 31.

 

[Spark1]

Consumer Protection Act now known as Bill 31.

The Fair Trading act put it into writing because of the abuse by Northwynd with our contracts but really it always has been there for contracts. It can not be one sided or what is the use of having a contract. Many of us took part in this Justice Youngs case and we were tried like criminals under a new contract that I do not know anything about and never even seen it. Was any one sent this contract with register mail. My contract and my only Vacation Villa Lease Contract states under-item #13 NOTICES: this Lease shall be deemed to be validly given when deposited postage prepaid in a postal box in Canada and addressed to the Lessee at the Address set forth in the register maintained by the Trustee as contemplated by paragraph 18 hereof,and if there is a interruption of postal service it must be delivered by hand or acknowledged as received by the address. Did any one receive a notice of the modification by mail? Again any adjustment or modification will not in any way materially prejudice the rights of existing lessees. If any such adjustment or modification is effected the Lessor will provide notice to each lessee setting out the nature of the adjustment or modification,the reasons giving rise to such adjustment or modification and the effects thereof. We know the answer to all of this. Make all time owners to be responsible for all Capital expenses and you will replace the resort. This is why the 4100 dollars for each 1 bedroom sleep 8. We are replacing the resort and that is how it is worded with the Legacy for Life Contracts. We are owners of a Lease Contract and Northwynd will never change this.

 

[Spark1]

Go to CanLll-2018ABPC49(CanLll) this is Justice Youngs decision changing interest rates? Every one that paid the high interest rates should report this to the Law society. I do not believe any one should of paid anything from day one. This is all Fraud. This is what Was written on Facebook. So,the plan all along 2010,was declare bankruptcy,take advantage of the proposed (June2011)Crown Land Sales Amendments,and change the (face of the traditional timeshare industry) (in the words of Kirk Wankel), and build hotels (As Justice Fitzpatrick said “if there is approval from 66 2/3% of the owners” the trustee would be free to do whatever they choose) Download The Columbia Vally Pioneer Newspaper at COLUMBIAVALLEYPIONEER.COM And read the story Proposed rezoning For Sunchaser Vacation Villas-The Columbia Vally Pioneer. Notice of the 5 responses only two were in favour.

 

[LilMaggie]

The Fair Trading act put it into writing because of the abuse by Northwynd with our contracts but really it always has been there for contracts. It can not be one sided or what is the use of having a contract. Many of us took part in this Justice Youngs case and we were tried like criminals under a new contract that I do not know anything about and never even seen it. Was any one sent this contract with register mail. My contract and my only Vacation Villa Lease Contract states under-item #13 NOTICES: this Lease shall be deemed to be validly given when deposited postage prepaid in a postal box in Canada and addressed to the Lessee at the Address set forth in the register maintained by the Trustee as contemplated by paragraph 18 hereof,and if there is a interruption of postal service it must be delivered by hand or acknowledged as received by the address. Did any one receive a notice of the modification by mail? Again any adjustment or modification will not in any way materially prejudice the rights of existing lessees. If any such adjustment or modification is effected the Lessor will provide notice to each lessee setting out the nature of the adjustment or modification,the reasons giving rise to such adjustment or modification and the effects thereof. We know the answer to all of this. Make all time owners to be responsible for all Capital expenses and you will replace the resort. This is why the 4100 dollars for each 1 bedroom sleep 8. We are replacing the resort and that is how it is worded with the Legacy for Life Contracts. We are owners of a Lease Contract and Northwynd will never change this.

Does anyone know what MG did for us in response to the changes in our VIAs in April 2016? He must of done something, I just don't recall.

As many have so eloquently stated, MG was taking our money for years, only to increase the monies we had to pay to NM and to line his pockets!​

The preamble to NM's new Schedule H prospectus made it very clear that the judgments were firmly on their side. Any VIA prior to 2003 was revised and the courts appeared to support this. I don't know how the law supported this, but it did.
This is a game to NM at this point and KW loves to win. I strongly encourage everyone who is continuing this fight, to find the right hill to die on!
One problem at a time, but I for one, still need to hold MG accountable for his part in this.

 

[MarcieL]

Our contracts were changed to mirror Jeke as per John Alexander and M.G. I forget now what transcript this is in but it is there IMO M.G. fought the battle for J.B. Jeke contract allowed interest of 2% per month thus the reason for the rate is my understanding. We paid the extortion and now much of this I have lost on the passage of time. I will however never forget how this 40 grand extortion had changed our lives forever.

 

[dotbuhler]

ftp:ftp.rdek.bc.ca/planningbylaws/fhs/Bylaw2779_Fairmont_Ho_Springs_and_Columbia_Lake_Area_OCP.pdf
In 2017 this replaced the 2004 Bylaw relating to Fairmont Hot Springs and what the resort must do.
Check out page 9-10, and 5.3 Policies (p.11) pertaining to the housing of workers AT the resort. These are some pretty interesting developments that Wankel and Northmont are LEGALLY required to adhere to.

 

[Spark1]

Our contracts were changed to mirror Jeke as per John Alexander and M.G. I forget now what transcript this is in but it is there IMO M.G. fought the battle for J.B. Jeke contract allowed interest of 2% per month thus the reason for the rate is my understanding. We paid the extortion and now much of this I have lost on the passage of time. I will however never forget how this 40 grand extortion had changed our lives forever.

Northmont’s Unilateral Amendments to the VIAs are Unauthorized.

 

[MarcieL]

Northmont’s Unilateral Amendments to the VIAs are Unauthorized.

Certainly they were unauthorized. but the courts approved such. When B.K. tried to reintroduce the contractual issue it was termed relitigation and rejected. I wish you well, nothing I would like to see more than these people having a little misery bestowed upon them.

 

[dotbuhler]

Certainly they were unauthorized. but the courts approved such. When B.K. tried to reintroduce the contractual issue it was termed relitigation and rejected. I wish you well, nothing I would like to see more than these people having a little misery bestowed upon them.

That is why showing that Wankel and Northmont's plans were NEVER about the timeshare. That, in fact, they wanted to REPLACE the timeshares with something completely different. Once the Courts are forced to understand this, the entire fiasco falls apart like the house of cards that it is. I found it extremely telling that present day Fairmont users mention that management is very "secretive" about present and future plans. One woman from the 8000 building worries that the 'hotel guests' will interfere with her usage of the "resort pool"!

 

[Spark1]

Certainly they were unauthorized. but the courts approved such. When B.K. tried to reintroduce the contractual issue it was termed relitigation and rejected. I wish you well, nothing I would like to see more than these people having a little misery bestowed upon them.[/QUOTE This is what has been written on Facebook. Item #9 on my 2001 lease contract agreement lists “operating costs and Reserve for Refurbishing” and lists 16 items of expense. capital costs or costs of replacing the main structure of the buildings or grounds or parts of the structure are not included in the list, but a mundane item such as garbage disposal is included . Don’t you think a major item such as replacing capital structure costs $30-40 million would be included if a minor item such as garbage disposal is included? In fact you would think that if timeshare owners were responsible for replacing a failing superstructure that it would be given separate paragraph status,so as there not be any doubt. Remember when Northwynd was awarded this resort by Justice Romaine , Northmont was responsible for the main Structure Beams for the 7000 building and we do not know whelther they ever completed this building and now the time owners have to complete it because of the improper ruling of these Judges. Our politicians will have to get involved with this case,we are talking about millions being extorted because of wrong rulings. The Judges were more concerned about the Freedom To Choose and not our contracts. Where in our contracts does it say the trustee has the right to do what he did. This was the Unfair Practice by the Alberta Supplier Northmont that breached all of the Vacation Villa Leases. This might also of breached the VIAs also sorry i do not know any thing about these contracts and if this is a breach of your contracts please let us know. I feel Legacy for Life was sold immediately after Northwynd told over the resort in 2010 because that contract includes capital expenses as well it says you will replace the resort. Why are these perpetuity timeshares allowed in Canada?Tell me in what other Country in the world are they allowed. This is why Northmont had to do their Unauthorized Unilateral Amendments to the VIAs. Why did they have to do this if The Vacation Villa Lease Contracts were responsible for Capital Expenses? I bit they have now included Legacy for Life in the VIA contracts because it is the only contract that has capital expenses. When i hired MG he was to protect our Lease Contract nothing else. But after that the Judges changed the hole landscape that was not part of the case when we hired MG. This case is Fraud,Scam,Extortion and White Collar Crime.

 

[aden2]

When did FRP announce to their timeshare holders that they were bankrupt?

 

[Spark1]

When did FRP announce to their timeshare holders that they were bankrupt?

That is a good question i was never notified that they went bankrupted?

 

[truthr]

 

[Spark1]

When did FRP announce to their timeshare holders that they were bankrupt?

Were they selling Legacy for Life and none of us Knew Fairmont Resort Properties LD went Bankrupted? I know a lady that bought Legacy for Life in the spring of 2010 and never received the contract papers. She ended up paying $47000.00 because she was panicking over the 162% if you did not pay now. This is why i say what is the hurry to have a appeal because we all want to know what the Law Society of BC has tho say. She was told the buildings had to be inpected before they could sell Legacy for Life and she was told the buildings were in excellent condition and they hand lots of money in the two bank accounts. Than they steal another $47000.00 and how many dollars did she loose when she bought her gold weeks. They say this is legal, no this is Fraud,Scam,Extortion,and White Collar Crime