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

DaveO

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@Les Butler - FYI it was the Jim Belfry group that had initially sought out and recommended Geldert to represent us. I'm unsure of the link but in past emails when they were trying to find a lawyer, he pushed us towards Geldert instead of Hamiltion. I can only assume why that was and what he benefited from this as his company JEKE was the one used at the test trial. I'm also going to assume the money we paid Geldert paid all court costs due for JEKE when they lost.
 

truthr

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As you can see the video I posted yesterday is unavailable and so is the blog post that went with it.
My apologies - I truly believed that I had double and triple checked my lists, but alas I hadn't checked enough and after noticing that I had made a couple of errors I have spent today re-checking and it turns out I had made more than a couple so I have deleted the video and posts so as not to have incorrect information circulating.
Again my apologies but no fear I will continue to share information.
:wall::crash::doh:
 

LilMaggie

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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!!!
Please let us know if there is anything this group can do to help. I understand that there is the possibility of "owners" who reside outside of BC. to opt in at some point. I am hoping and praying that someone in his or her infinite wisdom will certify this as a class proceeding in BC. This is the most promising news we've had for years! Cheers to you truthr and Les Butler for your tireless efforts.
PS Has anyone heard back from the BC law society about complaints we made against MG?
 
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LilMaggie

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@Les Butler - FYI it was the Jim Belfry group that had initially sought out and recommended Geldert to represent us. I'm unsure of the link but in past emails when they were trying to find a lawyer, he pushed us towards Geldert instead of Hamiltion. I can only assume why that was and what he benefited from this as his company JEKE was the one used at the test trial. I'm also going to assume the money we paid Geldert paid all court costs due for JEKE when they lost.
I have correspondence with Jim dating back to May of 2013. Reportedly, he had several conversations with MG and was clearly "much more impressed by the responses from Michael Geldert" and that "Mr. Geldert presented himself in a much more professional manner" than Ms. Hamilton.(In his opinion of course) According to Jim Belfry, the group had already retained Geldert's services. He obviously could not pressure an individual lessee to follow the plan of action as outlined by the group of owners acting as the steering committee, however he did ask that a person respond at his/her earliest convenience because "time is of the essence". Jim noted the "risk if owners decide to wait until the results of the June 20 hearing". Perhaps a slight push towards MG?
I truly believed that a group of timeshare lessees' had vetted MG and found him to be knowledgeable re:contract law, etc... hindsight and all!!
 

J's Garage

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Truth,

Whenever I spend some time immersing myself with the content you are providing, I usually spend a few moments remembering the portrait that played out during the waiting period of the Judge Young decision.

Geldert kept feeding us the portrayal of the class action discussions. (Was there even real discussion of the sort? We certainly don't have any legitimate correspondence referencing any active ongoing discussions with Mr. Docken). Then he sends us a letter from Wotherspoon that was destined to impart on the audience feelings of empowerment and the image of positional reinforcement.)

All while the "letter" was negated because the decision was already released. He couldn't be bothered to take the ethical and moral approach and inform his clients about decision in a timely matter, (must have went against the gameplan to keep blowing sunshine....) I hope he was a little uncomfortable when you broke the news that the decision was released and what was it (10 days or so) before he was able to formulate another spin letter.
 

truthr

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Truth,

Whenever I spend some time immersing myself with the content you are providing, I usually spend a few moments remembering the portrait that played out during the waiting period of the Judge Young decision.

Geldert kept feeding us the portrayal of the class action discussions. (Was there even real discussion of the sort? We certainly don't have any legitimate correspondence referencing any active ongoing discussions with Mr. Docken). Then he sends us a letter from Wotherspoon that was destined to impart on the audience feelings of empowerment and the image of positional reinforcement.)

All while the "letter" was negated because the decision was already released. He couldn't be bothered to take the ethical and moral approach and inform his clients about decision in a timely matter, (must have went against the gameplan to keep blowing sunshine....) I hope he was a little uncomfortable when you broke the news that the decision was released and what was it (10 days or so) before he was able to formulate another spin letter.

So true, the continual "false hope" that we paid for dearly, over and over again.
 
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Sunchaser’s Fairmont
Lake OKANAGAN
We settled with Northmont for the Fairmont property after signing up with our inept lawyer and lost and now making payments. I wanted it over with. I couldn’t take it any longer. I wish I had ignored it and seen where it went from the very beginning Or even paid the ransom at the beginning. It would have been much cheaper but you don’t know. I believed in our court system. Now Lake Okanagan is sending the credit company after us. We only owned every other year and only owe for two payments but they had asked for a renovation fee. Why would I pay that if they want to tear it down. I just don’t understand this whole scenario. I do know I won’t get a lawyer involved. I will just say we don’t use it, they wouldn’t let us use it with RCI after the Fairmont thing went sideways so I will have to see. I am getting older so maybe I will die before this is over. Shouldn't then be paying us for what we own Not the reverse? Who else got sucked into Lake Okanagan as well? We paid very little for it but it isn’t worth much. It just upsets me that I again have Credit people against me when I paid Northmont for the Fairmont place. I don’t belong to the Facebook place because I don’t have a Facebook account but I hope that lawsuit is going good. Anyone know without giving anything away that would hurt them. I thought of joining that group but I just have no faith in our courts Now.
 

Fuxtor

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I am still receiving invoices from Northwynd for non-payment of maintenance, renovation and interest. I have never been part of the court cases and have never been served with any legal documents. Would like to know if anyone in my situation has been taken to court.
We continue to receive our yearly invoice from them too. We haven't paid a dime since the whole maintenance *bleep* went down. I was made aware this morning that they are selling individual units from the building now?? Anyone have any info about this??
 

Tacoma

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They've been selling these for about 2 years now. Last time I heard there still had been no renovations done. Amazing how those dangerous pipes are OK to sell to a whole new set of victims.
 
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