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

[LilMaggie]

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).

Yes...there is no mention of Hillside on the Sunchaser website anymore.

 

[servemeout]

We will not be able to attend the May 10th court session but I will write a letter, concerning how we have been cheated, lied to and misled. The best ammo we have are the communications from Northmont. The RPF was for the whole resort to be done. There are so many inconsistences in the communication that we all received. Our opinion is that Northmont owes us for the years that they have robbed from our time contract. Look at some of the other issues, like paying to have plans and color palettes done for the renovations of Hillside. Remember Samantha Pinksen? Here is a Northmont quote " Vacation Experience Costs: Our project designer, Samantha Pinksen, has done a great job evaluating the Resort and the units with the understanding that our objective is renovation a timeshare appropriate Resort, not creating a lavish or overly expensive property. ..., her primary focus has been on in-suite use and Resort durability." How about we have the right to shutter up building, the resort can only exist if it is reduced in size, we have the right to change your contract, discussion of future owners ( no sales office so what future owners), the list goes on and on. I LOVE the comment from the Budget Commentary April 2013. "Final budgetbased on a full resort renovation. Actual budget will reduce based on Freedom to Choose uptake)" Was any judge informed that the extent of the RPF included catch basins capacity of storm lines and failing curb and gutters, not to mention the plumbing. Our contract does not mention the reconstruction of the property. Also Norton Rose told KW that the developer are also responsible for payment of their proportionate share of all cost.
KW stated under oath that they did not send themselves an invoice therefore they did not pay. I am sure there are other examples that need to be included and I will review the file we have put together by date from the time this started six years ago.

 

[aden2]

Section 7.2 Chapter C-26.3
CONSUMER PROTECTION ACT
21
Powers of Court 7.2(1) In an action commenced under this Division, the Court of Queen’s Bench may award exemplary or punitive damages in addition to any other remedy the Court considers proper. (2) In the trial of an issue under this Division, oral evidence respecting an unfair practice is admissible despite the existence of a written agreement under the consumer transaction and despite the fact that the oral evidence pertains to a representation in respect of a term, condition or undertaking that is not provided for in the agreement. (3) The Court of Queen’s Bench may disregard the requirement that the consumer give notice under section 7.1 or any requirement relating to the notice if the Court considers that it is in the interest of justice to do so. 2005

 

[servemeout]

The communication from 04/2013 is full of comments concerning the structural issues, including that the problem was increased in the Hillside buildings. Also mentioned is the freeze - thaw cycles and mold. Are timeshare people responsible for what mother nature does? They are aware of the Hillside problems and are going to sell them again. From the day RVM gave us the RPF they started to charge the illegal interest before any court ruled that it could be charged. #8 of this document concerns the structural and foundation problems of the rec building and the pool. The April 12/2013 "Freedom" crap communication states on the final page. "Renovation focused on the best building while the worst are removed." Was the Hillside buildings the ones that KW wanted to have rezoned before the courts ruled on the issue.

 

[Ultimate_Betrayal]

Unfortunately there may be another a new discussion topic to bring up to Justice Gill on May 10th that just came to light.

It appears Michael Geldert, as part of his Option 1 negotiated Settlement, has allowed Northmont to cancel an individuals RCI memberships even if you have been paying the membership in order to take advantage of their trip getaway program.

As far as I am aware this was never discussed or brought to our attention and definitely did not appear in the Settlement or was contemplated as being part of of it.

Looks like just another way the "Boys" club found to screw us but in so doing in such a deceitful manor is now new evidence that Northmont has provided for the appeal and that can be used to show Geldert is incompetent or is further acting as a complicit member of Northmont's overall plans.

If you are an Option 1 person try logging into your RCI to verify or better yet give RCI a call to verify Northmont has cancelled your membership - apparently a refund check is in the mail for the balance of the paid RCI membership subscriptions.

Please let your Facebook groups know about this to bring it to the attention of everyone and if you get confirmation your RCI membership has been cancelled pleased post to the group.

 

[aden2]

An order was granted by Justice J.J. Gill March 8, 2018: "4. In the event any Non-settling appellant has not confirmed its intention to pursue the appeal in accordance with paragraph 5 below, prior to May 3, 2018, this appeal shall be dismissed in respect to that Non-settling Appellant. 5. A copy of this order shall be served by Strathcona Law group LLP on each Non-settling Appellant, together with a Form of Notice referencing to return date set in paragraph 3 hereof, and requesting that each Non-settling appellant(s) who intends to pursue the Appeal confirm to counsel for the Respondent that they intend to do so, and provide an electronic or post office address at which they can be served .........."

 

[LilMaggie]

Unfortunately there may be another a new discussion topic to bring up to Justice Gill on May 10th that just came to light.

It appears Michael Geldert, as part of his Option 1 negotiated Settlement, has allowed Northmont to cancel an individuals RCI memberships even if you have been paying the membership in order to take advantage of their trip getaway program.

As far as I am aware this was never discussed or brought to our attention and definitely did not appear in the Settlement or was contemplated as being part of of it.

Looks like just another way the "Boys" club found to screw us but in so doing in such a deceitful manor is now new evidence that Northmont has provided for the appeal and that can be used to show Geldert is incompetent or is further acting as a complicit member of Northmont's overall plans.

If you are an Option 1 person try logging into your RCI to verify or better yet give RCI a call to verify Northmont has cancelled your membership - apparently a refund check is in the mail for the balance of the paid RCI membership subscriptions.

Please let your Facebook groups know about this to bring it to the attention of everyone and if you get confirmation your RCI membership has been cancelled pleased post to the group.

If you no longer own a timeshare, how would you be entitled to have a membership with an exchange company? At least you know your timeshare was cancelled.

 

[MarcieL]

If you no longer own a timeshare, how would you be entitled to have a membership with an exchange company? At least you know your timeshare was cancelled.

Many people pay their memberships and use getaways. IMO K.W. is just being vindictive, by notifying the exchange companies. We have another time share and exchange RCI weeks and use purchase getaways. Was Sunchaser somehow involved with your points or weeks, that they felt the need to let them know that you no longer own your units? Were they informed we were extorted out of thousands to rescind such, just another reprehensible act.

 

[servemeout]

There are lots of thinks that we did not know at the time they happened. On May 5,2017, Northmont obtained third reading of bylaw 2777, which allowed the rezoning of part of the Hillside buildings. This is before Judge Young ruled against us. The justice system failed to protect us from having our timeshares taken for KW to control the lands. The trustee was not a trustee. Everything was in place before the court ruling. Scammed. Our lawyer, at the time should have been on top of this and objected to the bylaw change. Here is the quote from the proposal dated March 28,2017. " Amend the Upper Columbia Valley Zoning Bylaw designation from R-4, Multiple Family Residential - High Density Zone to RES-3, Resort Lodge Zone to permit hotel use in the three existing buildings. A central check-in facility is proposed for Building 8000. The current total number of dwelling units is 60. No new structures are proposed."

As for the RCI issue, we have rented from RCI, including one week at Hillside. At that time it was cheaper to rent for a week than pay for the maintenance fees.

Any guess as to when there will be no resort. It is becoming clear that the ones that paid the RPF may not be pleased with their decision down the road, or should I call it the slippery slope.

 

[Spark1]

Many people pay their memberships and use getaways. IMO K.W. is just being vindictive, by notifying the exchange companies. We have another time share and exchange RCI weeks and use purchase getaways. Was Sunchaser somehow involved with your points or weeks, that they felt the need to let them know that you no longer own your units? Were they informed we were extorted out of thousands to rescind such, just another reprehensible act.

You do not need a timeshare to belong to Interval World. If we want to stay with Interval World you are grandfathered in period.

 

[LilMaggie]

There are lots of thinks that we did not know at the time they happened. On May 5,2017, Northmont obtained third reading of bylaw 2777, which allowed the rezoning of part of the Hillside buildings. This is before Judge Young ruled against us. The justice system failed to protect us from having our timeshares taken for KW to control the lands. The trustee was not a trustee. Everything was in place before the court ruling. Scammed. Our lawyer, at the time should have been on top of this and objected to the bylaw change. Here is the quote from the proposal dated March 28,2017. " Amend the Upper Columbia Valley Zoning Bylaw designation from R-4, Multiple Family Residential - High Density Zone to RES-3, Resort Lodge Zone to permit hotel use in the three existing buildings. A central check-in facility is proposed for Building 8000. The current total number of dwelling units is 60. No new structures are proposed."

As for the RCI issue, we have rented from RCI, including one week at Hillside. At that time it was cheaper to rent for a week than pay for the maintenance fees.

Any guess as to when there will be no resort. It is becoming clear that the ones that paid the RPF may not be pleased with their decision down the road, or should I call it the slippery slope.

Sounds about right!
It seems clear that the settlement money we paid NM will be going toward renovating their hotel in the fall.
Our lawyer must have known what was going on regarding the rezoning of the timeshare to RES-3. KW said that NM had "been working on addressing the concerns with the timeshare resort going back to 2013 and the rezoning is part of that realignment process". I never agreed to pay for their hotel. How does this in any way benefit the timeshare owners? Do they get free pet friendly suites at Mountain View now as part of their timeshare week?...nope...they get a crummy, run down "resort".

 

[dotbuhler]

So, the last time I was in a courtroom with Kirk Wankel there was Michael Geldert telling the 'troops' that some of us had "threatened" Wankel and that wasn't nice. Wonder who will have Kirky-boy's back when we see him again in May? Or will have hired bodygaurds this time? And will Geldert show his true face as to who he was working for all along, and be one of them?!

 

[Palms to pines]

Serve me out- I could not agree more with what you have said. This whole fiasco has been so sketchy right from the start. The law failed us, the trustee failed us and Geldert failed us. All the letters I wrote to BC agencies and government officials, not even a response 99 percent of the time. It really is like it was a grand design to extort our money ,get rid of us and move on to a totally new agenda . Looks like everything is just going swimmingly at Fairmont now. I don’t get it. The courts just enabled Wankle to do as he liked . Sometimes I still can’t believe how it all went down. Will the BC Law Society really investigate?? Will they really challenge the way Geldert handled this? I wonder.

 

[MarcieL]

Serve me out- I could not agree more with what you have said. This whole fiasco has been so sketchy right from the start. The law failed us, the trustee failed us and Geldert failed us. All the letters I wrote to BC agencies and government officials, not even a response 99 percent of the time. It really is like it was a grand design to extort our money ,get rid of us and move on to a totally new agenda . Looks like everything is just going swimmingly at Fairmont now. I don’t get it. The courts just enabled Wankle to do as he liked . Sometimes I still can’t believe how it all went down. Will the BC Law Society really investigate?? Will they really challenge the way Geldert handled this? I wonder.

Well said Palms to Pines such a miscarriage of justice. The 40 grand we had to pay in retirement has affected our lifestyle immeasurably. The corruption and extortion abounds but not one court could see through this. In the end the best Lawyers won and we were all screwed out of thousands, as many before us. I have lost all faith in the court system and it's players.

 

[MarcieL]

So, the last time I was in a courtroom with Kirk Wankel there was Michael Geldert telling the 'troops' that some of us had "threatened" Wankel and that wasn't nice. Wonder who will have Kirky-boy's back when we see him again in May? Or will have hired bodygaurds this time? And will Geldert show his true face as to who he was working for all along, and be one of them?!

Actually it was Barry King who mentioned K.W. had received threats. I am sure he will be there May 10 smug and proud as ever for winning 3 court cases. Danielle Smith wanted him to comment on her radio show in Calgary, he would not, stating for her to refer to the court records.

 

[dotbuhler]

Actually it was Barry King who mentioned K.W. had received threats. I am sure he will be there May 10 smug and proud as ever for winning 3 court cases. Danielle Smith wanted him to comment on her radio show in Calgary, he would not, stating for her to refer to the court records.

Also, the Calgary Sun Postmedia reporter told me that when he talked to Wankel he could not believe how mad Kirky-boy was getting because he considered himself the victim in all this. The guy was laughing so hard as he described the encounter to me.
So you say Barry King also came on in Wankel's defense. I was only there for the first day when they had to find us a larger venue, and I left well before the townhall meeting, so I missed that. Geldert's address was a preamble and not everyone had relocated to the new room yet.

 

[MarcieL]

No Barry King an Alberta lawyer from Strathcona Law group presented on our behalf, M.G. was there but never presented.

 

[Spark1]

No Barry King an Alberta lawyer from Strathcona Law group presented on our behalf, M.G. was there but never presented.

I am surprised that this has not happened. People have died for a lot less than this. We are lease owners and do not own this property. When I hear MG turned down getting a very old time owner out of a resort for the amount of $150000.00 you have to wonder. Blame the legal system for this. This is extortion and they are getting away with this because the majority of us are seniors.

 

[MarcieL]

150,000.00 am I reading this correctly? What do you mean turned him down? I do not understand.

 

[Spark1]

150,000.00 am I reading this correctly? What do you mean turned him down? I do not understand.

Maybe this is what the old guy offered and MG wanted more. Or maybe MG told the two time owners i personally know this to convince them to accept option no.1. A friend of mind said he received a email from MG stating this. The other time owner that paid $37000.00 said MG told him this on the phone. What ever this is it is all fraud. The one that paid said all he got for a bill was pay this. He said there was nothing showing him what he was paying for? What business can send a bill out without showing the person paying the bill what you are paying for. Why pay this? If i get this email sent to me i will post it on the internet.

 

[dotbuhler]

No Barry King an Alberta lawyer from Strathcona Law group presented on our behalf, M.G. was there but never presented.

Which of the 4 dates in 2017 did you attend? Barry King has Mr. Tong there, but was not there himself. And Michael Geldert was definitely there and gave the warning to us prior to the Judge coming in.

 

[MarcieL]

We were there 2 days in May cannot remember exact dates. The day we were there Barry gave the warning prior to the proceedings.

 

[servemeout]

The dates that we have are Sept 15/15 with Tong. April 7/17 and May 1/17. King did give a warning as KW was told that the person would rather go to jail than give him another penny. Picture all of the delinquent seniors being put in jail. Then someone can explain why grandma is not around to bake cookies as she wanted to have a vacation once a year.

 

[dotbuhler]

We were there 2 days in May cannot remember exact dates. The day we were there Barry gave the warning prior to the proceedings.

Don't think I've ever seen Barry King, but I wasn't there in May, only on April 7th. I guess they were tag-teaming for each other, then.

 

[dotbuhler]

The dates that we have are Sept 15/15 with Tong. April 7/17 and May 1/17. King did give a warning as KW was told that the person would rather go to jail than give him another penny. Picture all of the delinquent seniors being put in jail. Then someone can explain why grandma is not around to bake cookies as she wanted to have a vacation once a year.

...too funny...our "lawyer" being oh, so protective of everyone's rights but ours...
(June 28th, and Aug. 11th was the final argument, but coming from Saskatchewan, I only made one...)