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

[aden2]

Anyone that is part of the 76 must let Justice Gill and Northmont (Jud Virtue) that you will be attending otherwise you may get a default judgement against you. If there is a concern that you want to be heard at the hearing you must submit it to Justice Gill before May 3rd. I wrote to Justice Gill and received a reply back stating I can bring up my concerns.

 

[LilMaggie]

View attachment 6195 I think KW is telling Sauvageau to intimidate Option #1 Geldert clients concerning the gag order.

This email was addressed to my personal email account that I use for Facebook and TUGBBS postings.

Tim...that is messed up!!!

 

[aden2]

To Mr. Jud Virtue
Norton Rose Fulbright Canada LLP
3700, 400 -3rd Avenue SW
Calgary, AB. T2P 4H2


Please take note that this Notice of Intention to Proceed with the Appeal is being sent to with regarding:

NORTHMONT RESORT PROPERTIES LTD. APPEAL ACTION NO 1703 22524

 

[Spark1]

Anyone that is part of the 76 must let Justice Gill and Northmont (Jud Virtue) that you will be attending otherwise you may get a default judgement against you. If there is a concern that you want to be heard at the hearing you must submit it to Justice Gill before May 3rd. I wrote to Justice Gill and received a reply back stating I can bring up my concerns.

Aden is the legacy for Life legal to sell in Canada? A lease contract means this, you have the “ right-to-use” timeshare, which refers to a lease like agreement. In this type of timeshare your lease expires after a specified time and you have no property ownership rights in the property. How could they sell perpetuity timeshares with the buildings being in the condition they say they are in? What other country sells this type of Leg irons for life? I would question all governments to see if they had a license to sell that product. I am going to Question every government about Lease Contracts, that being Protection BC, Service Alberta and the Federal government. I want to know if there is such a thing as having a timeshare lease contract that is responsible for Capital Expenses and who polices this. If there is that is not explained in the Canadian Consumer Handbook.

 

[Spark1]

Aden is the legacy for Life legal to sell in Canada? A lease contract means this, you have the “ right-to-use” timeshare, which refers to a lease like agreement. In this type of timeshare your lease expires after a specified time and you have no property ownership rights in the property. How could they sell perpetuity timeshares with the buildings being in the condition they say they are in? What other country sells this type of Leg irons for life? I would question all governments to see if they had a license to sell that product. I am going to Question every government about Lease Contracts, that being Protection BC, Service Alberta and the Federal government. I want to know if there is such a thing as having a timeshare lease contract that is responsible for Capital Expenses and who polices this. If there is that is not explained in the Canadian Consumer Handbook.

I have read on Tug that time owners that agreed to pay that fraud cancellation when Justice Loo made her decision ended up also paying the renovation of $4100 on top of the $3100. Please let us know if this happened to you. I am setting up a meeting with the Top RCMP that deals with fraud and I would like to show them how Northmont always keeps you on the hook to pay more when you think you are going to be released. My Question for the ones that paid MGs fraud set up will you be released from this poor excuse of a resort? We now see what he did with interest rates. This is all Fraud.

 

[LilMaggie]

I have read on Tug that time owners that agreed to pay that fraud cancellation when Justice Loo made her decision ended up also paying the renovation of $4100 on top of the $3100. Please let us know if this happened to you. I am setting up a meeting with the Top RCMP that deals with fraud and I would like to show them how Northmont always keeps you on the hook to pay more when you think you are going to be released. My Question for the ones that paid MGs fraud set up will you be released from this poor excuse of a resort? We now see what he did with interest rates. This is all Fraud.

Maybe if we had an itemized statement, we could tell you definitively. I, for one, paid approx. $4200.00 over and above the cost of the "delinquent" maintenance fees and the exorbitant interest fees that were on my NM statement.

 

[aden2]

So why are time share people being forced to pay annual maintenance fees each year beyond their default period? According to the Vacation lease agreements the contracts are to be terminated once their default period is expired. This should have happened around 2013! The contract should have been terminated according to the Alberta Consumer Protection Act. The word may in the contract to deal with default is defined as "shall".

 

[aden2]

Question for Spark : are you one of the 76 non-settlements? Will you be attending the May 10th hearing?

 

[Petus@18]

So why are time share people being forced to pay annual maintenance fees each year beyond their default period? According to the Vacation lease agreements the contracts are to be terminated once their default period is expired. This should have happened around 2013! The contract should have been terminated according to the Alberta Consumer Protection Act. The word may in the contract to deal with default is defined as "shall".

Agreed. Q: do we know if Geldert et al did ever formally bring forward the Fair Trading Act during the Jeke's fiasco, or the Golbergs' and Reids' actions? Was this act ever mentioned or is referenced in any of the transcripts/ trials' records? What was the Court's position when the act was introduced, if ever brought up.
Is there anyone in this forum that could answer this query?

Edit: has anyone received Geldert's final invoice yet?

 

[Spark1]

Question for Spark : are you one of the 76 non-settlements? Will you be attending the May 10th hearing?

Yes i am. I fired MG so i was not option 1 or 2. Yes i will be at the appeal. I talked to MG several times about the Fair Trading Act and explained to him that the Freedom to Choose was the Unfair Practice done by the supplier being from Calgary And we should of been able to use The FAir Trading Act to fight this. I questioned him about using the Janet Lydiatt case in Alberta May01/2017 and he said that would be the case he would be using,i emailed him that case. I just sent him a email explaining to him about the Fair Trading Act and why we should be using this last Nov. 21/2017. I received a email from him Nov22. And this is what he said,Thank you for your email. As always your input is always appreciated. My regards. I could not believe he became a bill collector for the enemy. Those SIF documents have no signatures how can that be legal. Every one has been taken advantage of sad.

 

[aden2]

I hope these are some of the issues to be discussed May 10, 2018 hearing. 1. misrepresentation and false info. told during the Legacy sales 2009 & 2010; 2. Remedies on Default which is on all contracts is how contracts are terminated, there is no extra fee to be applied ; 3. charging maintenance beyond default period; 4. enforcing a contract that was not the contract we signed.

 

[GypsyOne]

I have read on Tug that time owners that agreed to pay that fraud cancellation when Justice Loo made her decision ended up also paying the renovation of $4100 on top of the $3100. Please let us know if this happened to you. I am setting up a meeting with the Top RCMP that deals with fraud and I would like to show them how Northmont always keeps you on the hook to pay more when you think you are going to be released. My Question for the ones that paid MGs fraud set up will you be released from this poor excuse of a resort? We now see what he did with interest rates. This is all Fraud.

For your information, I accepted the relinquishment agreement negotiated by MG as at January 2017. The formula turned out to be 85% of RPF (RPF about $4,000), plus four years maintenance fees, plus interest - total $13,800. I think the amount the fall of 2017 would have been about double, so the relinquishment agreement turned out to be the best deal, if paying extortion can ever be considered to be a good deal. As far as I'm concerned, any payment giving up your timeshare, and/or paying to reconstruct faulty buildings violates the lease agreement in a number of ways. But losing several court decisions is a tough hurdle to clear. (Although there seems to be a few things starting to fall our way?) These court decisions are so egregious, that I sometimes wonder if we're not up against corruption and collusion at high levels.

 

[truthr]

Looks like Hillside has already been sold and is now called Mountain View Villas.
http://www.mountainviewvillas.ca/

 

[servemeout]

"Welcome to Mountain View Villas" - this was the plan from the beginning. I know that our contract was for a unit at Hillside. What a deal, sell the units as timeshares, screw the time share "owners", and now let's sell them again. They are offering rent or purchase. BUYER BEWARE. Hope there is an established condo board without the shyster KW. Does anyone think that this is only a NEW numbered company. All of the judges that ruled against us should have a copy of this. Get the legal system to rule that TS " owners" can be charge everything for anything. Our decision not to pay the buy out was the right decision for us. I do hope someone that has been part of the delinquent group has a contract with the unit number that is being sold again. Question - would we have the right to kick out the "new second owner" to retain our week as stated in our contract. The can of worms! The can of worms! There are others that did not pay that were not part of the MG group. Did any notice go out to existing owners? This is really getting to be like wiping your A-- on a wagon wheel, there is no end to it.

 

[Rider Nation Rocks]

Looks like Hillside has already been sold and is now called Mountain View Villas.
http://www.mountainviewvillas.ca/

Sorry I need a minute. I think I just threw up a little bit in my mouth. What a country!! You folks in B.C. have quite a justice system. Not sure its any better here but this defies description. Beyond Belief!! I am outta here. It is like WE or our $$$ never existed. Peace be the Journey.

 

[aden2]

Fairness between consumers and business
More than 75% of survey respondents and numerous open house attendees agreed with the proposed regulatory solutions for:

• preventing businesses from changing a contract unless consumers are provided advance notice
• allowing consumers the right to sue if a seller is operating unfairly or against consumer protection legislation
• protecting consumers who file honest complaints or from being sued by businesses when publishing negative review
• informing consumers if a business has been charged or convicted under consumer protection legislation
• improving access to mediation programs

There was less support (64%) for prohibiting suppliers from forcing consumers into mandatory arbitration.

Industry representatives expressed support for ensuring that fairness between businesses and consumers is maintained for both parties. They also emphasized the importance of looking into a best practice or a process of controlling intentionally defamatory or false business reviews published online.

The business community also supported the creation of an alternative mediation program and improving access for consumers, instead of using the courts.

 

[dotbuhler]

from fb yesterday, Ricky Schenkel posted....
"I strongly suggest that everyone who has not paid the settlement should write to Justice Gill at Court of Queen's Bench, 6th floor, Edmonton Law Courts, Edmonton, AB, T5J 0R2. Include the file# 170322524, Reid v Northmont. Also Mr. Jud Virtue, Norton Rose Fulbright Canada LLP, Suite 3700, 400 - 3rd Ave.SW, Calgary, AB, T2P 4H2. Stating that you never paid the settlement and want to be included in this Appeal. It says on the list of 76 not settled, if your name is not on that list and you have not settled, I would ask them why? MG, SLG, and Northmont have told the Courts you are among the ones who paid and settled. Since that is not correct I would demand that you be allowed to be part of this Appeal. I can't stress enough how important this is since Judge Young has already ruled in favor of Northmont on the amount of dispute notes (which is about two and one half times more) so I'm assuming that would be the same for everyone. So, no matter where you are from Alberta, SK, other parts of Canada, the U.S., England, I urge you to write and voice your concerns in this matter ASAP. Just my suggestion."

 

[Spark1]

from fb yesterday, Ricky Schenkel posted....
"I strongly suggest that everyone who has not paid the settlement should write to Justice Gill at Court of Queen's Bench, 6th floor, Edmonton Law Courts, Edmonton, AB, T5J 0R2. Include the file# 170322524, Reid v Northmont. Also Mr. Jud Virtue, Norton Rose Fulbright Canada LLP, Suite 3700, 400 - 3rd Ave.SW, Calgary, AB, T2P 4H2. Stating that you never paid the settlement and want to be included in this Appeal. It says on the list of 76 not settled, if your name is not on that list and you have not settled, I would ask them why? MG, SLG, and Northmont have told the Courts you are among the ones who paid and settled. Since that is not correct I would demand that you be allowed to be part of this Appeal. I can't stress enough how important this is since Judge Young has already ruled in favor of Northmont on the amount of dispute notes (which is about two and one half times more) so I'm assuming that would be the same for everyone. So, no matter where you are from Alberta, SK, other parts of Canada, the U.S., England, I urge you to write and voice your concerns in this matter ASAP. Just my suggestion."

Hopefully they are not trying to gather up all the sheep and strike it again. Reason why this has happened MG,which it really makes me wonder is was he ever our Lawyer and how much money did he take from us and what kind of back room deals were there? The Law Society really must do a proper job with their investagation because this is really important. We had no representation. He never tried to use the FTA in Alberta Why.

 

[LilMaggie]

Hopefully they are not trying to gather up all the sheep and strike it again. Reason why this has happened MG,which it really makes me wonder is was he ever our Lawyer and how much money did he take from us and what kind of back room deals were there? The Law Society really must do a proper job with their investagation because this is really important. We had no representation. He never tried to use the FTA in Alberta Why.

It wouldn't hurt to contact the Law Society again...just to keep a bug in their ear. We are not done with any of this.

 

[LilMaggie]

Re: Mountain View Villas. Did NM actually sell it or are we paying for them to renovate the hotel and condos?
Did they inform any of the TS lessees of this?

 

[lost and confused]

Re: Mountain View Villas. Did they actually sell it or are we paying for them to renovate the "hotel" and condos?
Did they inform any of the TS lessees of this?

As their website was unveiled and online bookings are available starting next month at the "hotel" and "five buildings", it appears that things are in full swing. Information has been difficult to locate online in terms of a sale, transfer of ownership, etc. I would perhaps suggest that if we want answers, we start phoning directly and getting information straight from the source. Momentum needs to continue to build in anticipation for May 10th. Those directly affectedly in this have a role and responsibility to play. We cannot just think that others will speak up on our behalf or that we can benefit from doing nothing. Keep moving forward. Keep sharing information. Keep asking for answers from the source. Don't stay quiet and sit still.

 

[Lostmyshirt]

Inf**kingcredible. KW needed how much to "renovate" and repair yet magically they sat empty for years, only to reopen after the hostage taking settlement was forced, and under a new name, were they even renovated?????? This stinks beyond belief. Totally disgusted at every part of this horrendous nightmare process.

 

[LilMaggie]

Inf**kingcredible. KW needed how much to "renovate" and repair yet magically they sat empty for years, only to reopen after the hostage taking settlement was forced, and under a new name, were they even renovated?????? This stinks beyond belief. Totally disgusted at every part of this horrendous nightmare process.

According to the website the hotel will be closed for renovations in the 2018 fall season. Don't think they did anything to spruce up Hillside yet.

 

[aden2]

to write to Justice Gill prior to May 3rd you can email:
Patricia.Copeman@albertacourts.ca
Subject: Northmont Resort Properties Ltd. - 1703 22524
Pat Copeman
Judicial Assistant to
Justice Hillier, Justice Gill
and Justice Yungwirth
Court of Queen's Bench
6th Floor, Edmonton Law Courts
Edmonton, AB T5J 0R2

 

[aden2]

There are two distinct areas at Sunchaser Vacation Villas:

• Riverside is home to our Front Desk, Recreation Centre and buildings 100 through 800.
• Riverview (8100 building) is our newest building, located approximately 1 km south of the other resort buildings. Resort amenities are a short drive away, or can be accessed via walking path along the highway shoulder and into the Riverside neighbourhood (use caution if walking).