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

Shywon

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Form 67

Have been following this site since receiving bill. We can not afford any of the lawyers and have done nothing at this point. Was going to send in form 67 but found the filing part to be not so straight forward as the court office said to file online but to do that I need to get a user ID which required going to BC to show my ID before they would active it. Can someone please tell me how and what address to file form 67 at and we would be happy to do this.
 

aden2

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re: Shywon form 67 should be mailed to the Vancouver Registry.
Address: 800 Smithe Street, Vancouver, BC, V6Z 2E1

A copy of all documents must be served on the Petitioner by mail to the address:
Attention: Warren B. Milman, 1300 - 777 Dunsmuir Street, PO Box 10424, Pacific Center, Vancouver, BC, V7Y 1K2

A copy of all documents must be served on the Respondent by mail to the address:
Norton Rose Canada LLP, Attention Judson E. Virtue, 400 - 3rd Avenue SW, Suite 3700, Calgary, AB, T2P 4H2

Take your affadavid to any court house to have it signed and stamped. It is free of charge. All exhibits should also be singed by the clerk at the court house.
 

Shywon

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Form 67

Thanks can it be signed in an Alberta Court office or does it have to be in the BC Court offices or can any notary sign it?
 

aden2

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Thanks can it be signed in an Alberta Court office or does it have to be in the BC Court offices or can any notary sign it?

I went to the Court House in St. Albert and had the affadavid signed at no cost. Yes a notary can sign it.
 

renoman

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fairmontlvr

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Hillside pool

Stopped in at the Hillside pool today and have noted the following observations:

1. Staffing levels must be reduced. Pool opened at 10:00 but water slide did not open till 12:30 pm. Went over for ice cream to find snack bar closed, so what do they do? Shut down the water slide with a long line of disappointed kids and have a lifeguard work the snack bar.

2. Tables on raised patio area close to building had no umbrellas, only 3 umbrellas throughout entire pool area. These tables used to be quite popular for those that wanted shade, today many people were sitting in chairs along the building to get shade while the tables in the sun were empty.

The grounds around the complex still look good and are well maintained.
 

heydynagirl

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Can someone lead me to the Hilford letter ?

I sent basically the same letter (that Hilford sent) today to Wankel, Northwynd and Resort Villa Management via email and included a copy with my affidavit when I filed form 67 today. I got the following reply within an hour of emailing the letter.

Dear XXX,

Thank you for your letter.

At this time, there is an ongoing legal process for addressing any Vacation Interval Owners concerns with the contractual obligations of all parties and the resort realignment.

We would direction you to the BC Supreme Court Petition section of the www.sunchaservillas.ca website in the Renovation Program area.

As it is our position that we are acting in accordance with our contractual rights, your offer is rejected.

Best Regards,



Vacation Ownership Services
Northwynd Resort Properties Ltd.
5799 3rd Street SE
Calgary, AB T2H 1K1
 

unFairmont

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Rebuild and Repurpose...

They are try to rebuild the sucker

As my dealings with Fairmont seemed forthright in the 1990's, I purchased and paid for a three bedroom around 2001 at Lake Okanagan that was slated to be constructed, and was given a one bedroom until inventory for 3 bedrooms was available.They then procrastinated, made excuses on slow construction, held lotteries on who would receive newly constructed units etc etc. then went bankrupt. Northwynd came along and REPURPOSED the new buildings and argued I only own a one bedroom unit. They then tried to upsell me into what I already paid for multiple times. Should have took them to court right there and then to get my money back. If they do make it as far as actually rebuilding Fairmont, I am willing to be both my timeshares (hehe) that the rebuilt buildings will also be "REPURPOSED". So frustrated with these people... If someone has a contact for a Calgary lawyer please advise - I have been busy dealing with flood issues and have been unable to follow this properly.

Best of luck to all :mad:
 

heydynagirl

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You might want to contact Jim at thebelfrys@shaw.ca. He has spearheaded a group of unhappy owners. He has contacted a lawyer who advised him on our behalf and for a very small fee he can send you a sample form 67, affidavit and letter. I was very happy to pay the fee as it saved me hundreds in lawyer fees. He has posted several times here. Keep in mind your form 67 must be received by the Vancouver court by Aug 2.
 
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The Cross-Examination of Frey and Wankel took place in Calgary on July 16th and July 17th. Evidence regarding the pre-conceived intentions behind the “renovation project” is believed to reveal it to be a liquidation project. Evidence obtained will be very supportive regarding the nature of Northmont’s intentions.

Geldert Law, Docken Klym and Cox Taylor are working together regarding the preparation of affidavits for August 2nd, 2013 in support of the Special Case. Relevant issues now before the court are broader and more numerous than Northmont has agreed to at the CPC on July 12, 2013.

Discussion with counsel for Northmont regarding the Special Case is scheduled to be heard October 8-10, 2013.

Geldert Law, Docken Klym and Cox Taylor, will prepare a preliminary settlement offer to ascertain Northmont’s willingness to consider alternatives following the evidence now on the record.

Please contact any one of these lawyers with any relevant information and relevant affidavits prior to August 2, 2013. If you are unable to pay for a lawyer, please submit your sworn affidavit prior to August 2, 2013.
 
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DarkLord

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The Cross-Examination of Frey and Wankel took place in Calgary on July 16th and July 17th. Evidence regarding the pre-conceived intentions behind the “renovation project” is believed to reveal it to be a liquidation project. Evidence obtained will be very supportive regarding the nature of Northmont’s intentions.

This is good news. I gather this was the 3 owners lawyers cross examining Frey and Wankel outside of the courtroom in Calgary, was that right?

It'll be interesting to see the evidence uncovered during the cross examination that reveal Northwynd's intend to liquidate the resort instead of renovate it.
 
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Beaverjfw

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More information on the ongoing legal action

There is some additional information available on the ongoing court proceedings at the following site of one of the lawyers:

http://kelliehamiltonlaw.com/fairmount-timeshare

From here also look at the link to the right regarding the proposed class action which seeks to cede control of Sunchaser to the timeshare owners. They have the claim available for viewing.
 

Meow

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Class Action Suit

This is not the outcome I was hoping for. I am not interested in taking over a failed timeshare resort. So instead of paying a cancelation fee to Northwynd we can pay it over to a yet to be organized owners association.
 

DarkLord

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The likely favorable outcome is that the owners take over the resort after Northwynd declares bankrupcy. Then the owners will fire sale the resort, pay off creditors and pocket whatever remains which likely is a few cents on the dollar.

But this is far better than paying the reno fee or paying the cancellation fee in that at least you get paid no matter how little.
 
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tdjanzen

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This is not the outcome I was hoping for. I am not interested in taking over a failed timeshare resort. So instead of paying a cancelation fee to Northwynd we can pay it over to a yet to be organized owners association.

I would tend to agree with you. But I also see some of the advantage that DarkLord is suggesting.

I am at Sunchaser right now and from what I can remember from past years, things seem to be working as normal. Riversidea 400 and 800 are under construction so that may account for slightly lower than normal occupancy.

I still have trouble believing that each unit needs in excess of $200K of repairs. But I suspect when 400 and 800 are done, they will look like new units.

I can't help but thinking that Sunchaser has played their hand all wrong in this instance. They could have shown people a couple of renovated/updated units and said "hey, we can give you this for all of the remaining units but it will cost $4000 per owner". Plan the spending over the next 4 or 5 years and then let the chips fall where they may. Give people 6 months to make a decision and make it clear what their options are.

But it appears from the comments made about cross-examination, that what Northwynd really wants is their cake and eat it too. Get the cash from current owners and then flip the units to condos.

Personally, I still think that no one is so stupid as to do the things that Northwynd has done (though desperation can make people do very stupid things) and so I am still thinking that we still don't know what their motivation is. Though I still don't believe that it includes running a timeshare for the long term.

Examples that I have seen of poor decisions likely based on a lack of cash-flow:
the loungers at the Hillside pool are really cheap. You can see that there are old models that probably are several hundred dollars and they are fewer in number but they work. Or you can see a Canadian tire special that has a small 1" knob that holds the lounger at the desired position. I saw at least 6 of these loungers today that were broken (of the 10 I looked at). My guess is that these loungers won't last a month in the application they are being used and so will require replacement throughout the year.

Surprise, surprise, surprise One of the hot tubs at the Riverside pool is not working. We have been here eight times during our time share and not once have all of the hot tubs been working.

Smart business decisions:
Pool towels are now placed in the unit. Which means that the user takes the towel to the pool and returns it to the unit. The user now is responsible for drying and laundering the towel during the week. It is is likely that this has greatly reduced their laundry usage.


I have some more time here this week and so I may report again but from what I see, Fairmont is still a viable place that people want to go to. though there is almost no one on the golf course. I do believe that Northwynd has created some serious animosity among many owners. I seriously doubt that anyone is going to give them the benefit of the doubt.
 
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Three firms + Kellie Hamilton

Not trying to say I know any more than anyone else, nor do I want to sway anyone from what they feel is the correct action to take at this time - but it is my understanding that the class action suit by Kellie Hamilton was deemed to be premature by the three firms Docken Klym, Geldert Law, Cox Taylor representing various groups of TS owners.

Kellie Hamilton arrived late to the proceedings and filed the class action without consultation with the three firms trying to work cohesively to represent each group, nor did she advise the other firms of her intent to file a class action suit prior to that time.

Consistent, cohesive and reliable representation will be the key. Division on proceedings will create 2 very separate cases.
 
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Beaverjfw

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What are the lawyer's objectives?

From the information on the Kelly Hamilton site, it seems she is pursuing a different course of action than some other lawyers. In an early conversation with Geldert law, he indicated he was only representing those that wanted to to take the "leave" option and be done with Northwynd once and for all. Its important to sign up with the right lawyer, one that is striving for your own objectives.
 

DarkLord

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I can't help but thinking that Sunchaser has played their hand all wrong in this instance. They could have shown people a couple of renovated/updated units and said "hey, we can give you this for all of the remaining units but it will cost $4000 per owner". Plan the spending over the next 4 or 5 years and then let the chips fall where they may. Give people 6 months to make a decision and make it clear what their options are.

I think Northwynd planned this all along before they even acquired the resort. They had done it once and got away with the Mexico resort so why not do it again. What you suggested would have been the normal way of approaching a real renovation.

The way Northwynd went about this proves to me that their true intention is to crash and burn the resort and try to grab as much cash possible from TS owners in the shortest amount of time.

I believe Northwynd knew they were on shaky legal ground so they hoped for quick favorable petition result from the BC court which is now delayed.

What they didn't anticipate was the usually highly fractured ownership could actually join forces with 3 lawyers to counter them. And now if they court rule Northwydn didn't have the right to charge the TS owners the reno fee, this would very likely spell the end of Nrothwynd's ownership of the resort. Wankel by his own admission in his 2nd affidavite says the resort could not survive past Q3 2013 which is a few months or weeks from now making this alledged reno matter of a joke.

Northwynd is at a point that they can't win because even if they court rules for their petition, most owners will just abandone their TS and Northwynd won't have the resources and time to go after them.
 
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ferrier1

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ferrier1

You're right Darklord. More than anything the age of the internet, websites like this make for fast communications and exchange of information, made it very difficult for Northwynd. Can you imagine the pace of this before the Internet and lack of communication which now is almost instantaneous. And of course good lawyers
 
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I am right now at Fairmont for the last time. I love it here. It is such a beautiful place but the state of the resort is obvious.
When we checked in a few days ago, the staff at the front desk were "over the top" nice. Much more than usual. I am sure they were coached on their presentation.
The state of the resort is obviously in need of maintenance. There are so many things that need to be repaired and/or replaced it isn't funny.
With the amount of owners paying "extremely high" maintenance fees each year, why was it allowed to get to this state? They have been pocketing a bunch of this money I am sure.

So, Chilliances.... interesting that you were able to keep your reservation for July... did you have to pay the renovation fee, or the penalty fee to opt out of the program first? We have a week booked in September, and just assumed we were going to have to kiss it goodbye, since we did not pay for one of their options.

I was wondering since we did pay our 2013 maintenance fee, if we showed up for our reservation - would they honor our reservation? It's a long drive for us, and I'd hate to show up only to be turned away with no where to go. At this point, we are expecting to miss out on our much needed weeks vacation... after paying $1000 for the maintenance fee, we don't have the stomach to come up with another $1000 to stay somewhere else.

Also, wondering if we would be able to deposit our week into interval at this point... If so, what about the poor person who is unaware of what's going on at the resort and books the week... would they be allowed to stay? Or for that matter, would we be able to trade our week for anything?

If anyone has tried, would appreciate your update on what happened.
 

ferrier1

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ferrier1

Mr Wankel has filed an affidvat with the courts stating if you have paid the 2013 maintenance fee you can stay at the resort. Phone sunchaser and confirm your reservation before you leave.
 

tdjanzen

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Mr Wankel has filed an affidvat with the courts stating if you have paid the 2013 maintenance fee you can stay at the resort. Phone sunchaser and confirm your reservation before you leave.

I can confirm that this is the case.

I called ahead several days prior to making the trip out here and confirmed our reservation and arrival time. Not sure if check-in time has always been this late but the posted check-in time is 5:00 pm. The agent was quite accommodating and told me that they would make a note that we would be arriving earlier but could not guarantee that the room would be ready.

We arrived at 4:00 pm and the room was ready.

We paid our maintenance fees in January 2013 but have to date refused to pay either fee. We are registered with Docken Klym.

I too had written off this year but followed this thread and was pleasantly surprised by Mr. Wankel's affidavit that no one had been "barred" from attending the facility. I believe we have heard from a few posters that were scheduled for May that actually were turned away.

I believe that Northwynd has determined that they probably have no legal basis to prevent entry of owners that have met the maintenance fee threshold; especially as all of this now is being sorted out in front of a judge.

I hope you take the opportunity to use your reservation. It really is a beautiful spot and my family has had many good memories here. It pains me though to realize that I can not trust the current management team, so my wife and I have made the decision that we're done. Now we just wait for the judge to determine if there is a cost to get out or not. We have not suffered any sort of damages (we were very fortunate not to participate in the Legacy for Life program) and as a result, I don't believe that there would be any point to be a part of a class-action suit.

Funny thing, is that up to 6 months ago, I was scanning Kijiji to see if I could pick up an additional annual unit for cheap. Thank goodness for my wife's sober second thought.
 

StorytellerWA

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Can a U.S. owner join the class action suit? I'm trying to find the post the includes a link to Form 67. Can we mail it in or does it need to be delivered in person? We just found this forum and are trying to get up to speed. Thanks.
 
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