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

[truthr]

Many of us still stand by our principles and refuse to pay the ransom. We get our annual invoices from whatever they are calling themselves this week and dispose of them in file 13. Because we quietly continue to safeguard our Serenity and our Sanity we compartmentalize this as another example of the Injustice System at work in Canada in the present day and age. But we always Hope that at some point things will improve. We warn others against investing in timeshares...Once bitten, Twice shy...My heartfelt sympathy goes out to everyone who paid because fear and paranoia, as much as Wankel and Geldert, had become their worst enemy.

I understand what you are saying Dot but principles alone do not pay the bills and as you know the group is a mixture of young families and senior citizens. Not paying a court judgment could and would have devastating affects on - young families, some still trying to establish a good credit score and seniors wanting to hang on to whatever assets they have accumulated over the years.

Each and every person has their own personal reason for the when and why they did what they did. This whole situation has taken a toll on everyone - financially, emotionally and physically. Bankruptcies, divorces, heart attacks and strokes to name a few.

So although you say fear and paranoia I would add stark reality.

 

[Cheemo]

Many of us still stand by our principles and refuse to pay the ransom. We get our annual invoices from whatever they are calling themselves this week and dispose of them in file 13. Because we quietly continue to safeguard our Serenity and our Sanity we compartmentalize this as another example of the Injustice System at work in Canada in the present day and age. But we always Hope that at some point things will improve. We warn others against investing in timeshares...Once bitten, Twice shy...My heartfelt sympathy goes out to everyone who paid because fear and paranoia, as much as Wankel and Geldert, had become their worst enemy.

As an owner who finally settled, I would like to point out that “fear and paranoia” were not factors in my decision. It was finally accepting the fact that we lost. We tried every possible means at our disposal (with a tremendous amount of work by and support from Truth) ...we lost (albeit with the help of our esteemed lawyer) our legal battles . The simple fact is - - you lose, you pay. I accepted the fact that we lost and I paid. I would like to think that my principles were not compromised by my decision.

 

[dotbuhler]

I understand what you are saying Dot but principles alone do not pay the bills and as you know the group is a mixture of young families and senior citizens. Not paying a court judgment could and would have devastating affects on - young families, some still trying to establish a good credit score and seniors wanting to hang on to whatever assets they have accumulated over the years.

Each and every person has their own personal reason for the when and why they did what they did. This whole situation has taken a toll on everyone - financially, emotionally and physically. Bankruptcies, divorces, heart attacks and strokes to name a few.


The sole reason I posted this was to put to rest the rumour that I was part of a negotiation handled by you and about 40 others with Wankel. Everyone chooses their own path and what works for them. But, as I have reiterated "NOT ONE RED CENT"!

 

[dotbuhler]

As an owner who finally settled, I would like to point out that “fear and paranoia” were not factors in my decision. It was finally accepting the fact that we lost. We tried every possible means at our disposal (with a tremendous amount of work by and support from Truth) ...we lost (albeit with the help of our esteemed lawyer) our legal battles . The simple fact is - - you lose, you pay. I accepted the fact that we lost and I paid. I would like to think that my principles were not compromised by my decision.

Because I heard that my name was being bandied about as taking part in a group negotiation with Wankel, led by Truth, I needed to set the record straight here. If you felt defensive by my comment, I am sorry, but this was just a statement regarding myself and my actions. I am glad that you now have Serenity and Peace of mind at whatever cost.

 

[truthr]

Because I heard that my name was being bandied about as taking part in a group negotiation with Wankel, led by Truth, I needed to set the record straight here. If you felt defensive by my comment, I am sorry, but this was just a statement regarding myself and my actions. I am glad that you now have Serenity and Peace of mind at whatever cost.

Dot - I had no idea that your name has been associated with me - that certainly did not come from me.
So for the record to whomever bandied Dot with me - did not happen, as a matter of fact, to my knowledge Dot has not ever been part of any group led by me.

 

[truthr]

Get out the popcorn and your favorite beverage and get comfortable because what I am about to share with you is NOT all in the document provided on my blog post.

 

[ecwinch]

Good job in sleuthing out Belfry and Wankel were in undisclosed participants in the Super Conference - despite the Judge directly asking that all participants identify themselves.

And great point about Geldert not informing his clients that they could use of their intervals by paying dues. That point is critical as payment of those dues would have significantly reduced the basis that interest% was applied to.

You might consider that Geldert's was only actually being truthful when he responded that he was in Edmonton after he said he was in Vancouver. Because he made that same slip on pg 16, line 39.

And while you might not be a lawyer, you certainly could be. Keep up the good work.

 

[truthr]

Good job in sleuthing out Belfry and Wankel were in undisclosed participants in the Super Conference - despite the Judge directly asking that all participants identify themselves.

And great point about Geldert not informing his clients that they could use of their intervals by paying dues. That point is critical as payment of those dues would have significantly reduced the basis that interest% was applied to.

You might consider that Geldert's was only actually being truthful when he responded that he was in Edmonton after he said he was in Vancouver. Because he made that same slip on pg 16, line 39.

And while you might not be a lawyer, you certainly could be. Keep up the good work.

Thanks Eric

You are so correct on page 4, line 12 - Madam Justice Loo asks: Who else is on the phone?

That is when Mr. Sauvageau identifies his two employees that are present.

Personally, I think it is disrespectful for anyone who is present in that type of proceeding to not identify themselves as being privy to it and even more when they are with their legal counsel. So kudos to Mr. Sauvageau for having some degree of decorum.

With such a lengthy document, with so much to cover and cross reference to connect the dots, it was challenging to pick out what to highlight in a video.

Thanks for your words of encouragement.

 

[J's Garage]

Wonder if the group was invoiced for his trip to Edmonton.

It just seems like a weird slip. I guess if he spent a lot of years or had recently moved from there he could have succumbed to habit.

 

[truthr]

 

[icequeen59]

How many of you saw that okanagan resort has declared bankruptcy? What a surprise...not...we are almost seniors.. my husband is on disability and we fight each month to keep our heads above water..we continuously receive notices from northwynd or whomever they are calling themselves this week... we are devastated.. this was to be something we could enjoy after we quit working..instead they are ruining our credit and our health...we dont know what to do..

 

[Fuxtor]

How many of you saw that okanagan resort has declared bankruptcy? What a surprise...not...we are almost seniors.. my husband is on disability and we fight each month to keep our heads above water..we continuously receive notices from northwynd or whomever they are calling themselves this week... we are devastated.. this was to be something we could enjoy after we quit working..instead they are ruining our credit and our health...we dont know what to do..

Funny, we only seem to get the overdue notices around every Christmas?? I'm still curious as to who has been taken to court for overdue fees??

 

[dotbuhler]

Funny, we only seem to get the overdue notices around every Christmas?? I'm still curious as to who has been taken to court for overdue fees??

2016 I got whacked, under the Belfy ruling, but only court costs indicated. Have not, will not pay one red cent. They can send the notices, I dispose of them unopened. The B.C. courts have never invoiced me, there are no liens against my property, no sheriff has come calling at my door. But as a senior on a fixed income with aging assets...lol..and living in SK, the system here is very generous with the ceiling for property and finances that they are not allowed to touch. It is different in every province, however, and I suspect the more well-heeled of my peers may not be as lucky.

 

[LilMaggie]

truthr,
Thank you so much for all the time and energy you are putting into helping those of us left to understand some of the legal wrangling. Although we are aware that we had been played, it is fascinating to see in what ways and when and by whom! Keep up the awesome work!

 

[Ultimate_Betrayal]

Okay – Christmas in September, I’m in!!!

A new Statement of Claim has recently been filed in the Supreme Court of BC against Geldert that also includes the other lawyers in our litigation defense seeking damages in excess of $40,000,000 and the best part is it is being structured as a Class Action!!!!

Here is a quick exert from the attached:

STATEMENT OF FACTS
1. The Representative Plaintiff and the proposed Class Members at various times between 2013 to 2017 were represented by the Defendants in response to actions initiated by Philip K. Matkin, Northmont Resort Properties Ltd" and their subsidiaries.
2. The Plaintiff and Class Members assert that during the course of these representations, the Defendants were negligent in a number of areas; and as a result of that negligence, the Plaintiff and Class Members have suffered financial loss.
3. The Plaintiff and Class Members assert that. due to a breach of duties of care that was owed to the Plaintiff and Class Members, the Defendants did not meet the standard of care required. Applicable standards relate to:

(a) competence,
(b) judgment,
(c) reasonable application of the relevant law;
(d) duty to fully inform and warn of risks, and
(e) further particulars as this action proceeds.​

Why am I excited, if this becomes a full-fledged Class Action and a win occurs as a Class Action this will not cost me anything and I may even see a small return from my loss. To say I am gun shy about this costing me more stress and money is an understatement, but I still want justice for the colossal failure our litigation with Geldert turned out to be.

If you aren’t familiar with what a Class Action is I found a very easy to understand FAQ through a web search for you to have a look at https://www.clg.org/Class-Action/FAQ or https://dialalaw.peopleslawschool.ca/class-actions/ for the basics.

For a Class Action to become a Class Action it will need to be certified by the courts and once it is certified there is a higher degree of oversight which, in my opinion, due to the lack of oversight is why Geldert was able to string us along for so long and it just became the Geldert Show which collectively cost us all millions after so many missteps and the misalignment of objectives (ours was to cost effectively be done with the resort while many others were making huge money prolonging our departure from it).

My interpretation of why the other lawyers are listed, is the other lawyers in the Geldert Club directly shared in how inept the strategy and defense was and also had a duty of care to protect us but failed to exercise this duty of care so also now will get to share a seat at the defendants table. (I am envisioning 10 lawyers with no life jackets in a row boat that is taking on water whose only objective is to save their own bacon – my bet is at least one of them will quickly come forward for a lifeline in exchange for useful information they are motivated to share).

YES – Christmas in September, without the snow and cold!!!

 

[CleoB]

That is great news Ultimate. Do you know who the lawyer is? Do we have to contact the lawyer to let them know that we want to be part of this suit?

 

[Timesharepain]

Okay – Christmas in September, I’m in!!!

A new Statement of Claim has recently been filed in the Supreme Court of BC against Geldert that also includes the other lawyers in our litigation defense seeking damages in excess of $40,000,000 and the best part is it is being structured as a Class Action!!!!

Here is a quick exert from the attached:

STATEMENT OF FACTS
1. The Representative Plaintiff and the proposed Class Members at various times between 2013 to 2017 were represented by the Defendants in response to actions initiated by Philip K. Matkin, Northmont Resort Properties Ltd" and their subsidiaries.
2. The Plaintiff and Class Members assert that during the course of these representations, the Defendants were negligent in a number of areas; and as a result of that negligence, the Plaintiff and Class Members have suffered financial loss.
3. The Plaintiff and Class Members assert that. due to a breach of duties of care that was owed to the Plaintiff and Class Members, the Defendants did not meet the standard of care required. Applicable standards relate to:

(a) competence,
(b) judgment,
(c) reasonable application of the relevant law;
(d) duty to fully inform and warn of risks, and
(e) further particulars as this action proceeds.​

Why am I excited, if this becomes a full-fledged Class Action and a win occurs as a Class Action this will not cost me anything and I may even see a small return from my loss. To say I am gun shy about this costing me more stress and money is an understatement, but I still want justice for the colossal failure our litigation with Geldert turned out to be.

If you aren’t familiar with what a Class Action is I found a very easy to understand FAQ through a web search for you to have a look at https://www.clg.org/Class-Action/FAQ or https://dialalaw.peopleslawschool.ca/class-actions/ for the basics.

For a Class Action to become a Class Action it will need to be certified by the courts and once it is certified there is a higher degree of oversight which, in my opinion, due to the lack of oversight is why Geldert was able to string us along for so long and it just became the Geldert Show which collectively cost us all millions after so many missteps and the misalignment of objectives (ours was to cost effectively be done with the resort while many others were making huge money prolonging our departure from it).

My interpretation of why the other lawyers are listed, is the other lawyers in the Geldert Club directly shared in how inept the strategy and defense was and also had a duty of care to protect us but failed to exercise this duty of care so also now will get to share a seat at the defendants table. (I am envisioning 10 lawyers with no life jackets in a row boat that is taking on water whose only objective is to save their own bacon – my bet is at least one of them will quickly come forward for a lifeline in exchange for useful information they are motivated to share).

YES – Christmas in September, without the snow and cold!!!

Yes..feel out of the loop..is there a class action that we can be part of.. We are in BC and not paid..would like to contact group or lawyer involved .. Thank you to so many that have worked hard to try and solve this nightmare

 

[Ultimate_Betrayal]

That is great news Ultimate. Do you know who the lawyer is? Do we have to contact the lawyer to let them know that we want to be part of this suit?

Unfortunately, at this time I do not have a lot of details as the info I have came from the BC Law civil registry using a search for actions against Geldert.


To initiate litigation there are processes in place a plaintiff must follow and one of these is related to date limitations to file a claim. From the date injury has occurred you have 2 years to file – here is a link to some info on starting a notice of claim https://www.supremecourtbc.ca/sites...arting-an-Action-by-Notice-of-Civil-Claim.pdf.

There are many dates this could be related to the Geldert litigation and when we should have know that the steps he was taking put us in harms way – I believe they are filing well ahead of the most glaring time frame of when we were forced to be Option 1 or Option 2 clients which if I recall happened in late October or early November before the notice of non-sanctioned concluded negotiations in mid December of 2017 which is for sure when we knew the harm. There are a lot of other parts to this based on when the courts handed down various rulings and the date of injury may be also related to these or possibly it could have something to do with the other actions already registered against Geldert – I am not 100% sure.

The important thing is that the claim has been registered in BC which makes BC residents automatic members if it does certify as a class action and once the ball gets rolling Alberta residents should be able to join in by registering in the future.

The content of what has been filed is very limited and does not have all the evidence associated with the filing but only states the very basic grievances – this can also be modified in the future to include more people affected or changing the dollar amount. The defendants to the best of my knowledge have not been served and there are a lot of moving parts this is only initiating.

The ball is only starting to roll and this can literally take years but the 1st step is filing to preserve the date - at this point it is fantastic to see someone is taking direct action that can benefit the entire group of people who were harmed by Geldert and company!!!

 

[MgolferL]

Unfortunately, at this time I do not have a lot of details as the info I have came from the BC Law civil registry using a search for actions against Geldert.


To initiate litigation there are processes in place a plaintiff must follow and one of these is related to date limitations to file a claim. From the date injury has occurred you have 2 years to file – here is a link to some info on starting a notice of claim https://www.supremecourtbc.ca/sites...arting-an-Action-by-Notice-of-Civil-Claim.pdf.

There are many dates this could be related to the Geldert litigation and when we should have know that the steps he was taking put us in harms way – I believe they are filing well ahead of the most glaring time frame of when we were forced to be Option 1 or Option 2 clients which if I recall happened in late October or early November before the notice of non-sanctioned concluded negotiations in mid December of 2017 which is for sure when we knew the harm. There are a lot of other parts to this based on when the courts handed down various rulings and the date of injury may be also related to these or possibly it could have something to do with the other actions already registered against Geldert – I am not 100% sure.

The important thing is that the claim has been registered in BC which makes BC residents automatic members if it does certify as a class action and once the ball gets rolling Alberta residents should be able to join in by registering in the future.

The content of what has been filed is very limited and does not have all the evidence associated with the filing but only states the very basic grievances – this can also be modified in the future to include more people affected or changing the dollar amount. The defendants to the best of my knowledge have not been served and there are a lot of moving parts this is only initiating.

The ball is only starting to roll and this can literally take years but the 1st step is filing to preserve the date - at this point it is fantastic to see someone is taking direct action that can benefit the entire group of people who were harmed by Geldert and company!!!

Let us know what steps we need to take in AB to keep the ball rolling now that it started. Great work to all of you that have stuck with it.

 

[Spark1]

This is interesting now the useless lawyers are being sued.

Let us know what steps we need to take in AB to keep the ball rolling now that it started. Great work to all of you that have stuck with it.

 

[Spark1]

This is interesting now the useless lawyers are being sued.

 

[Spark1]

. Kirk Wankel is now being sued.

 

[Spark1]

The new Service Alberta Rule in favour of the Timeshare Lease Owners.

 

[Spark1]

If it looks like I do not know what I am doing you are right. I have posted all these on Facebook our Sunchaser Northwynd Class Action Lawsuit. Group there you can open up the files and read. The Wankel one is 17 pages and very interesting how he used us as his bank. All the files are interesting, the Service Alberta shows breaches of our Lease Contracts. The other one is great suing of these crooked lawyers and some of them become crooked Judges. I tried opening these files and if you can let me know.

 

[CleoB]

Yes..feel out of the loop..is there a class action that we can be part of.. We are in BC and not paid..would like to contact group or lawyer involved .. Thank you to so many that have worked hard to try and solve this nightmare

May I ask why you think you need to get involved when you haven't been to this point?