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

[truthr]

The court dates in Edmonton were:

Sept 15, 2015 Application to Consolidate and Stay Proceedings - could be the one Vincent Tong attended on behalf of the AB defendants;
April 7th, 2017 First day of court - Barry King representing the AB defendants;
May 1st, 2017 Second day of court - Barry King representing the AB defendants;
June 28th, 2017 Last day of court - Barry King representing the AB defendants.

 

[truthr]

 

[Beaverjfw]

Wonderful Irony - Sauvageau & Assoc. Sues Northmont for $5.76M
Defendants
Resort Villa Management Ltd. and Northmont Resort Properties Ltd. and a general partner to Northmont LP
Plaintiffs
CTL Recovery Ltd. and CTL Legal Professional Corp., previously operating as Sauvageau & Assoc.
Claim - $5.76 million for debt

Seems Northmont plans to screw everyone !!

 

[truthr]

Wonderful Irony - Sauvageau & Assoc. Sues Northmont for $5.76M
Defendants
Resort Villa Management Ltd. and Northmont Resort Properties Ltd. and a general partner to Northmont LP
Plaintiffs
CTL Recovery Ltd. and CTL Legal Professional Corp., previously operating as Sauvageau & Assoc.
Claim - $5.76 million for debt

Seems Northmont plans to screw everyone !!

Here is a link to the page where this is quoted:

https://biv.com/article/2018/04/whos-getting-sued-april-24-2018

 

[Frustrated YEG]

If you want to know what REALLY happened in Edmonton on March 8th, 2018 - I have the official transcripts.
Although there were people there - thanks to those who showed up and spoke - a transcript is recorded by a neutral party sans personal feelings, biases and prejudices.

If you want a copy just send me a message here in the conversation section.

Cost to you - $30.00.

 

[GypsyOne]

Wonderful Irony - Sauvageau & Assoc. Sues Northmont for $5.76M
Defendants
Resort Villa Management Ltd. and Northmont Resort Properties Ltd. and a general partner to Northmont LP
Plaintiffs
CTL Recovery Ltd. and CTL Legal Professional Corp., previously operating as Sauvageau & Assoc.
Claim - $5.76 million for debt

Seems Northmont plans to screw everyone !!

It's little solace that the millions they are fighting over is our money.

 

[truthr]

Further to the recent discovery here is the official court documents filed:

 

[servemeout]

Today has been a day of chuckles and cheers! Do you think we could get Sauvageau to testify for the "delinquents" on May 10th.

One of the statement made by Sauvageau in front of Judge Young on the September 15/15 hearing comes to mine, he said "we are not trying to fool anybody".​

There is a book that I have had since childhood, Aesop's Fables. Here are a couple that seems to fit what is going on today.
"No kindness will force gratitude from the wicked." "Only a cur would bite the hand that tries to save it."

 

[LilMaggie]

Per court documents.
3. "Northmont Resort Properties Ltd. (“Northmont”) is a sophisticated company with access to substantial financial resources and lead by Kirk Wankel, an equally sophisticated businessman and Chartered Accountant.
4. Northmont owns and manages a time share resort property, the “Sunchaser Vacation Villas”, located in Fairmont Hot Springs, British Columbia (the “Resort”). There are approximately 14,500 owners (the “Owners”) holding time share interests in the Resort via a vacation interval agreement (“VIA)".
Are there really that many "owners" left at Sunchaser? If so, how will the little resort accommodate everyone who wants to use their weeks there with Hillside gone and what has NM been doing with all the maintenance money from those several thousand folks??
Yes...we all got Wankeled!

 

[NeverNeverAgain]

Further to the recent discovery here is the official court documents filed:

Wow, interesting. If Sauvageau is really going after NM, it will be interesting to see what happens. I think Sauvaguau has a good case, and if he wins, he may need to use his collection skills against NM. If NM has their money over seas, how will he collect, or maybe NM just files for bankruptcy? There is still potential money going in the pot from those that have not yet paid. Will Sauvageau get to keep 100% of everything he collects if NM does not pay up on a court judgement? If so, NM may not see any new money so why would they care about any actions going forward. Frustrating to see all of our money hard at work funding all the lawyers.

 

[fairmontlovers]

Been out of the loop for a bit, just read Sauvageaus' claim against Resort Villa Managment (RVM), interestingly that Sauvageau stated in point 50 " RVM has not only, ungratefully, deprived the plaintiff of legitimate compensation,
as previously negotiated, it has been given an unjustified windfall "
So even Sauvageau is admitting this amount collected is a windfall!

 

[appealerforsure]

Think about it,if Kirk Wrongkal is being sued by the entity that he used as an inforcer to collect extortion fees,who now is representing this criminal?I honestly think those that didnt pay are going to be left untouched after this next round in court. If I would have known that hillside is no longer part of the resort as it is now up for rent or for sale under a new shell company Mountianview villas and and Kirks bill collecter is sueing him before we settled I would have never paid a cent.We do fell so cheated and dismayed at the court and lawyer legal system.This is not the Canada I grew up in and it is only getting worse under this so called liberal government. What was said in the previous video is sooo true I feel raped by the whole system.As for our lawyer who pocketed only god knows how much and I cant even get a hard copy of the settlement.Kirk and Mikey enjoy your spoils now as judgement day is a lot closer than you can ever believe,you will all be under gods judgement for all of your deeds on this planet good or bad,how do you think your going to fair in his eyes....To the rest of you that havent settled keep faith as things are going to get better in Gills court,especially after all that has recently taken place,Kirk foolishly jumped the gun by making a move on hillside,what an idiot!Like I said who will Wronkel get to collect off of you now? there isnt a bill collecter in Canada who will represent him now after he screwed his own.To all of you that havent paid,dont pay a cent,fight this ass in court and kick it to the curb,use this opinion in court and other comments off this site as evidence.Watch out Mikey G, law suit is coming your way so you better get ready for the finanial aduit,we know your good at at the gift of the gab but your emails that incriminate you and monetary numbers dont lie.When this next round of court is over and Gill finally sees what has recently taken place one can only hope that he is a reasonable decent judge,not like Loo.Special thanks must go out to all who have been involved trying to get this rectified and shame on the previous judges and government entities that just sit on their hands saying they cant help because it in the courts. Contacted a friend who still uses the resort and Northmont did not let any existing owners know about the hillside sale,lady told him that they havent been taking bookings for a long time to hillside so another shame on you Geldirt for not informing our group of the upcoming sell off which you abviously HAD to have known about.Again, Im sure it is hot in hell,hope you realize the extend of the emotional and finanial damage that your corruption has caused,but oh ya I forgot your too busy playing your devil war craft games........

 

[NeverNeverAgain]

Think about it,if Kirk Wrongkal is being sued by the entity that he used as an inforcer to collect extortion fees,who now is representing this criminal?I honestly think those that didnt pay are going to be left untouched after this next round in court.

Actually, I believe Sauvageau still has the collection contract and will still be looking to collect from his previous efforts. I don't think NM can legally hire anyone else. Sauvageau is going to court for his right to collect past settlement funds and I assume the future ones as well. I think the relationship between parties is now more complicated, trying to figure out enemies and friends. Sauvageau will still want to collect but NM may have little or nothing to gain, depending on how this plays out. Not sure how or when this will ever end.

This does seem to expose on the public record the conditions of our forced excellent settlement, of which none of us that settled can talk about. Might open up the corruption of this case to the judge for the Alberta appeal.

 

[servemeout]

Collection agencies must be licensed by the province. Agencies must be licensed in Alberta to collect in Alberta. The only exception is if the collector is a lawyer. If you do get collection calls, document everything, including the name of the person calling, the time of the call, and the number they are calling from. In Alberta there are definite rules and regulations. Part of the rules include asking for detailed accounting of your account. There is a practice of selling the debt to others and I am sure KW knows about this. Keep in mind that Judge Young has made her ruling, (step 1) and the next is collecting(step2), pending the appeal. As Tong stated getting the ruling is one thing, collecting is another. We agree that KW is going to be hard pressed to find another enforcer or sell the "alleged debit".

Hillside has been boarded up for some time. 1000 - 5000 were closed in 2015. The only open buildings were 6000 - 8000. Does anyone think that there was a plan for the Hillside buildings in 2015?

 

[NeverNeverAgain]

Been out of the loop for a bit, just read Sauvageaus' claim against Resort Villa Managment (RVM), interestingly that Sauvageau stated in point 50 " RVM has not only, ungratefully, deprived the plaintiff of legitimate compensation,
as previously negotiated, it has been given an unjustified windfall "
So even Sauvageau is admitting this amount collected is a windfall!

Looked up the definition of a windfall: a piece of unexpected good fortune, typically one that involves receiving a large amount of money.

And Sauvageau admits that it was unjust and they achieved "a final result which was far beyond any of their admitted expectations." How can anybody associated with the legal and justice system able to read this and not take note of this injustice that has occurred?

 

[truthr]

I shared the PDF document yesterday regarding the Sauvageau vs Northmont Claim.
I have now uploaded it into a blog post for anyone who would like to share it on their FB page and/or other social media sites.

Just click on the link below, which will take you to the actual post, scroll down the post to the end of the post and you will see a row of "boxes"of the various sites, like Facebook, etc., click on it and share.

http://truths2cents.blogspot.ca/2018/04/the-plot-thickens.html

Share it far and wide.

 

[MarcieL]

Perhaps someone could share it with judge Gill. I am sure he already knows what he is dealing with. I would like to see justice NOW not rely on the hereafter!

 

[ecwinch]

I dont think Sauvageau's case is a winner. The core issue appears to be a desire to horn in on the "exit fee" NM charged owners to leave, not the past due maintenance fees that the resort mgr (RVM) contracted with them to collect. I think it gets tossed on a privity of contract basis, as there was no contract between NM and Sauvageau.

 

[truthr]

I dont think Sauvageau's case is a winner. The core issue appears to be a desire to horn in on the "exit fee" NM charged owners to leave, not the past due maintenance fees that the resort mgr (RVM) contracted with them to collect.

Interesting viewpoint; however the settlement agreement was based on past due maintenance, renovation, interest and exit fees and the majority did have Statement of Claims filed against them (all fees except the exit one) with Sauvageau's firm listed as Northmont's attorney. If nothing else it will be interesting to watch it play out.

 

[NeverNeverAgain]

I dont think Sauvageau's case is a winner. The core issue appears to be a desire to horn in on the "exit fee" NM charged owners to leave, not the past due maintenance fees that the resort mgr (RVM) contracted with them to collect. I think it gets tossed on a privity of contract basis, as there was no contract between NM and Sauvageau.

I dont think we have access to the original agreement between Sauvageau and RVM, other than the claim says it was a CFA for a collection of debts and applies to all amounts collected. Certainly, this goes back to the Freedom to Choose letter to collect either the amount to stay OR the amount to leave. I would think the collections would apply to both cases, but again I don't know the details. Could be part of the reason our settlement amount was said to be "just an amount" even though it was based on the last bill from RVM for past due maintenance fees.

I agree it gets more confusing because the agreement was with RMV, but I am sure our settlement money went to NM. Will need to wait for the audited financial statements from RVM to know (they are still not out there for 2017 that I can find, another breach of contract?) Assuming the money went to the NM books, not the RVM books, then your point is taken. Be interesting to see how it plays out in a court of law since NM and RVM are basically the same.

One other thought, since the agreement was between RVM and Sauvageau, and if RVM looses the court case, they can simply just bill the remaining time share leases for the $8M. It has been ruled that the time share leases are responsible for ALL costs, including legal costs. If this happens, it will end up being just one more technique they can use to bill the remaining time share leases for more money. Probably jumping to premature conclusions, but just trying to think through some of the possible outcomes.

 

[ecwinch]

Interesting viewpoint; however the settlement agreement was based on past due maintenance, renovation, interest and exit fees and the majority did have Statement of Claims filed against them (all fees except the exit one) with Sauvageau's firm listed as Northmont's attorney. If nothing else it will be interesting to watch it play out.

I dont see that in the complaint - perhaps you have another document.

What I see in the document - and what I believe to be the key element of their dispute is the following (key words bolded by me):

7. On February 13th, 2012, on behalf of and for the benefit of all Owners, RVM entered
into a contingency fee agreement (the “CFA”) with WDW for the collection of debts.
8. The CFA contemplated that RVM was to pay to WDW a fee of 25% of all amounts
recovered on its behalf.

To me, that says that RVM - in 2012 - contracted with Sauvageau to collect the past due assessements/dues presumably plus interest. Obviously this would exclude the exit fee, as that is not a debt anyone owned in 2012.

Now in 2017-2018, NM gets a huge windfall in owners paying the exit fee to leave. And Sauvegeau is wondering "how do I get 20% of that pie". So they file this action.

Also note in item #8 above, that it does not say the CFA stated that they would get 25% of all amounts, only that it contemplated. Which is lawyer speak for "one party believes". If it was explicit - then it would have been cited specifically.

 

[truthr]

I dont see that in the complaint - perhaps you have another document.

What I see in the document - and what I believe to be the key element of their dispute is the following (key words bolded by me):

7. On February 13th, 2012, on behalf of and for the benefit of all Owners, RVM entered
into a contingency fee agreement (the “CFA”) with WDW for the collection of debts.
8. The CFA contemplated that RVM was to pay to WDW a fee of 25% of all amounts
recovered on its behalf.

To me, that says that RVM - in 2012 - contracted with Sauvageau to collect the past due assessements/dues presumably plus interest. Obviously this would exclude the exit fee, as that is not a debt anyone owned in 2012.

Now in 2017-2018, NM gets a huge windfall in owners paying the exit fee to leave. And Sauvegeau is wondering "how do I get 20% of that pie". So they file this action.

Also note in item #8 above, that it does not say the CFA stated that they would get 25% of all amounts, only that it contemplated. Which is lawyer speak for "one party believes". If it was explicit - then it would have been cited specifically.

All very interesting viewpoints to ponder - thanks for sharing them with us.

 

[Hotpink]

Actually, I believe Sauvageau still has the collection contract and will still be looking to collect from his previous efforts. I don't think NM can legally hire anyone else. Sauvageau is going to court for his right to collect past settlement funds and I assume the future ones as well

If you read the claim under section 26 it is quite explicit that they have treated him just like any other Mushroom. First they kept him and his collection firm in the dark for a few months ( from Mid December until Feb. of this year probably fed him on what most of us would have recognized as manure and like any other good mushroom they canned him.
Yes his contract is terminated.

His claim also brings out other information some of we knew but didn't heed.
NM contracted him and they told us in a communication that as delinquencies had risen considerably in 2011 they were going to use an outside agencies to collect at that time maintenance fees. section 7of the claim
NM assigned him a large number of claims in October of 2013 from an anticipated LARGE DEBT portfolio. section 10 of the claim. Not clear what the make up of the file was( probably included the RFP)
In section 18 it is clear that NM put him on the bench and he is cut off in sections 22, 45 and 46
What he really appears to be miffed about is they(NM) in section 50 are ungratefully depriving him and the rest of his pack of H____s from sharing in the UNJUSTIFIED WINDFALL.

So he is suing for breach of contract and we all know how well NM deals with contacts .

He describes NM and KW as sophisticated. most of us would probably roll our eyes and mutter disbeliefs. However if you take the time to research the word and lawyers are trained to use words not just for their usual lay meaning but for more of the obscure alternate and less common meanings
Sophisticated ( adj)
such as "not in a natural, pure or original state ie adulterated OR deprived of native or original simplicity ie highly complicated OR mislead or pervert ie to take a meaning beyond recognition

These are when looked at as an adjective as it was in this case . Meanings get expanded when it is used as an adverb or a noun.

He described us in a like manner as well as well.

What team to we cheer for: or just hope they fight like cobras to the ultimate sacrifice.

[Quoting removed by moderator as it was incorrectly attributed to another user]
[Quote reinstated with proper attribution]

 

[Shake Down]

Anyone else just receive this email from Northwynd?

Sent: April 23/2018
From: "Northwynd Customer Care" <customercare@Northwynd.ca>
Subject: Consent Judgment

Good morning,
Pursuant to the terms of the Settlement Agreement you entered into with the Resort through Geldert Law, you were responsible for paying the Settlement Amount by February 28, 2018 or Consent Judgment would be ordered against you. The Consent Judgment has now been signed and ordered by the Alberta Court of Queen’s Bench.

Please find attached your finalized consent judgment issued by the Alberta Court of Queen’s Bench. In addition, attached is a copy of your Statement of Account as of today which reflects: 1) the base consent judgment; 2) interest from November 30, 2017 pursuant to the Settlement Agreement and paragraph 3 of the Consent Judgment; and 3) your 2018 maintenance fees pursuant to your continuing obligations under your VIA(s). Interest continues to accrue on a daily basis.

Please contact customer service at 1-877-451-1250 or customercare@northwynd.ca to reach an agreement on payment of your judgment and outstanding fees so that your judgment is not turned over for enforcement pursuant to the Civil Enforcement Act.

Please confirm receipt of this email.
Best Regards,
Vacation Ownership Services
Northwynd Resort Properties Ltd.

Invoice attachment is block billing no breakdown just one big old Number!

 

[aden2]

I would suggest that you send an email 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
My suggestion is that Geldert has stated in an email that he would let everyone know the amount then they could decide if they would pay it. Well people that were told the amount Geldert sent word that they had agreed to pay but did not send the money . Once they found out the amount Geldert was told they would not pay and sent the wrong info to NM.