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

ClanMac

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NCC theories?

Northwynd CC: what theories are you talking about that are being recycled here? As you stated, much of the information being shared and connected is a matter of public record, and there are no theories. It is not a theory what was specifically stated with the debt, the conversion, loans, failure to follow through with the accepted plan, the decay of the Fairmont properties, negligence and mismanagement. I don't know how many times you have blamed all these troubles on mismanagement; and it wasn't limited to FRPL. You admitted to mismanagement in Dec. 2012, and you were the one who stated that it took you two years to reel the mess in and to come up with the reno project.

All the statements made about securities, swaps, exempt plans, how transactions are made, the security commissions and IIROC regulations etc. These are facts, not theories. Is it a theory that the financial status of the Fairmont properties is dire? Is it a theory that the securities of the trust are not secured on these properties? It it a theory that trustees can recommend and sell units? Is it a theory that law suits occurred and/or the plaintiffs reconciled once the threat of such existed? Is it a theory that some employees/staff/management of your organization have investments into the trust? Is it a theory that your CEO and first CFO who were heralded as the ones to lead Northwynd to financial viability are no longer there? Is it a theory that your current CEO was responsible for financial operations for virtually the past four years (or perhaps if he relegated such to someone else when he became CEO on one was told about it?

Here is a few of your theories: Justice Romaine originally approved all the structural, financial changes you have made since 2010. Justice Loo addressed the specifics related to all the changes made since the Queens Bench ruling and approved them; and she addressed the concept of fairness, representation and equal distribution of power inherent within the contract, and specific breaches and their potential ramifications; particularly as they relate to the best interests of the TS being bound. Justice Loo ruled that ignoring Justice Romaine's decisions regarding open and honest communication and a role in the decision-making process with respect to management of the properties was appropriate; and in accord with the principles of fairness being sought with the Queens Bench ruling.

You perhaps are referring to potential theorizing regarding who was engaging in fraudulent transactions outside of the one trustee appointed during transition, when your former CEO moved in from ashes of Fairmont, and together with your current CEO who had moved in 7 months later, combined to create even further financial and property decay. Oh sorry, that latter part wasn't a theory.

Principles of business management, securities transactions and the rules and regulations that govern such are not theories. Why don't you check with JustFacts, or are you one in the same, sort of like Fairmont and Northwynd.
 

ClanMac

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legal counsel

Northwynd CC

Who is paying for your legal counsel or is that also none of my business.
 

Anxiety123

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Northwyndcc Arrogance

There are many owners that are following this thread that don't submit comments but are reading and learning from these people submitting information. They seem very knowledgeable and must be a threat to you Northwyndcc. Knowledge if very strong. It is very insulting to write negative comments just because you are and know that you are loosing the battle of populatity. And from what I can see you are loosing the battle period. I know of at least 15 owners that will never pay you another penny and have no worries about you coming after them and those are the ones I know personally, can only imagine the many thousands out there that feel the same. I am included. Come and get money that we don't have. I am
very saddened of the position you Northwyndcc have put honest people in. We have enjoyed our time with Fairmont, paid our increasing maintenance fees faithfully and are very upset that we are loosing everything. But again, when you must send insulting and intimidating messages, you must be afraid of how much knowledge these people have and that are giving out to help all of us owners that are getting screwed.
 

ClanMac

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Thanks for your support Anxiety123. It is a tremendous virtue to stand up for the principle of what is right, just and fair, despite the heavy toll it make take for doing so. I have learned through more than 33 years of practice in the criminal justice system across Western Canada that ultimately the law will be by your side when you stay the course and don't back down no matter the money, threats and attempts at intimidation that are thrown at you. It is nice to know that you and your friends are there!!!
 

browger

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We stand united

We have been sitting back quietly reading the blog. We to have joined the fight! We have been married over 40 years, have never had a lawyer in our life, have never been delinquent on anything, but we stand united, we will not crumble, we are not paying a dime more for this timeshare. I hope more people come forward and show 'we are united' together. I will not sell my car to pay these people off! Enough!!
 

no_more

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I take tremendous encouragement from the posts of anxiety123, clanmac and browger. Thanks to all three of you for your passionate words. My reason for joining this board originally was to keep the name of the lawyers Geldert Law and Cox Taylor up front and centre, so people will know they can join others resisting this - and have another option. I will keep doing that - but now for me its increasingly about much more than that - its sharing what I have learned in almost a year researching this with others on this board, a fight for justice, standing united, and resisting evil.

Peace be with you all
 

BWcantri

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Just sayin...

I am not writing this to start a big argument. I know there are a few that will take offence to this but here goes......

Although some say they are not paying another cent and that Northmont will never get a penny from them because they have no money I don't understand how you intend to live without money??

I have read statements such as "can't get blood from a stone" and "I have no money"..You have money and they will attempt to take it..The collection agencies and the such are going to be a PITA going forward.

I don't think it is a reasonable or necessary risk to take for the sake of a few thousand dollars when in the end "if" and yes I stress if they honor the Cancellation Agreement as they say they will, you could and I will stress could be finally free from the ever decreasing popularity of timeshare ownership.

With the all inclusive market taking many of the good resorts and more to follow it seems that a chance to get out is better than this fight that could go on endlessly.

A few truths...

This whole thing suks!
Good money after bad money!
Lawyers are in business to make money also!
Freedom of speech and choice!
We are taking what we think to be the lesser of the evils!

Just sayin...
 

ClanMac

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Thanks again No_More, you have always stayed the course. I echo your advise to all: MAKE SURE YOU ARE WITH GELDERT/COX et. al.

I have not been forwarding what we have posted to them because frankly I don't know how to do so. Please make sure that all we have dug up gets there as Spark1 insisted.

HotPink and you hit on something very important. If any of the lawyers or other professionals contracted by Northwynd who are answerable to a Gov't required regulatory body (manditory), and who have investments/debts in the trust, now or in the past; they are clearly in a conflict of interest and subject to disciplinary action by these bodies. It not only speaks to malpractice, but given everything else the likelihood of fraud and cover-up.

A formal complaint to the Alberta Bar and other of these regulatory bodies would definitely draw a lot of negative attention to the aforementioned.
 

Buck man

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Fight the good fight

We have been sitting back quietly reading the blog. We to have joined the fight! We have been married over 40 years, have never had a lawyer in our life, have never been delinquent on anything, but we stand united, we will not crumble, we are not paying a dime more for this timeshare. I hope more people come forward and show 'we are united' together. I will not sell my car to pay these people off! Enough!!

I too have been sitting back and reading these blogs for the past couple weeks and have decided to join the fight and are in the process of signing up with Geldert law.
Surely in a democratic society like ours these companies shouldn't be able to get away with this type of activity.
 

NoMas

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Just found you folks!

Wow lots of information here, I have been wondering if there was more to what was going on, it just wasn't feeling right somehow. Got information from the attorneys, and most likely will sign up too, though at $250 per hour the $3000 or so Northwynd wants goes away quickly.

Does anyone know roughly how many "owners" are joining in to the legal action?

Sorry I just haven't taken the time to read the whole thread.
 

no_more

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Geldert law retainer is $150 to join the appeal group. There are hundreds that have joined the appeal, the number continues to grow as people explore their options and have sticker shock at the latest cash demand.

The number who have joined will be kept quiet until the time it must be revealed as Northwynd would love to know the number to gauge the opposition ...
 

GypsyOne

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Wow lots of information here, I have been wondering if there was more to what was going on, it just wasn't feeling right somehow. Got information from the attorneys, and most likely will sign up too, though at $250 per hour the $3000 or so Northwynd wants goes away quickly.

Does anyone know roughly how many "owners" are joining in to the legal action?

Sorry I just haven't taken the time to read the whole thread.

When you mention a legal cost of around $3,000, from what we have seen so far, you are way over-estimating. I have been in the action from the beginning and so far my cost has been $350, which includes affidavits, the first Special Case hearing, and the appeal. Remember you are splitting the costs with hundreds of other disgruntled owners. The Special Case had 655 owners listed as clients of the lawyers. The appeal I don't know exactly, but hundreds of TS owners have joined and more are signing on regularly. This is some of the best money I've spent and I'm usually not a fan of legal action. Sometimes actions perpetrated against you are so egregious that you just have to suck it up, pay for legal representation, and fight. This is one of those cases and I hope you and others do the right thing and join up. We may be the minority but we are the just minority and we have what is right on our side. If there is any justice in the justice system we will win.
 
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Late2Game

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Decision. . .

Hey BWcanrti. . . I appreciate your perspective. Two weeks ago I was of the same mind as you. This whole thing is a tremendous time suck and for a few thousand dollars you just make it go away, right? Maybe. . . .maybe not.

There is a lot of information on this site but it's also relatively devoid of solid legal opinion. . . .a lot of good "stuff" but you have to sort through youself and form your own opinion. I'm certainly not a lawyer, but there are plenty of good ones out there.

Before you submit to the onerous demands of Northwynd, I'd suggest you contact either Geldert or Cox-Taylor. A brief but informative discussion costs you nothing, and you'll be better armed to make an informed decision. If you're like me you'll be glad you did and you'll sleep soundly knowing YOUR best interests are being served.

As for ongoing legal costs, think of it this way. . . . there are hundreds of TS leaseholders signed on so your actual costs will be a small fraction of the overall legal bill. . . . .some definite economies of scale here.

At any rate, we live in a free country and the choice is ultimately yours.

Good luck!
 

darklord700

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We are taking what we think to be the lesser of the evils!

Just sayin...

The lesser of the two evils is to pay Geldert Law $150 retainer and then sit back and let them do the work.

Sounds like a few grand isn't a big deal to you and honestly a few grand less won't put me in the poor house either. But this is exactly the kind of thinking Northwynd is counting on when they hatched this scam.
 

no_more

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Geldert and cox Taylor are working together on the appeal also. The judge who ruled in the original case has had rulings overturned before, and in one particular case the court of appeal took the unusual step of publicly chastising her, for ignoring evidence in her original ruling and overturned her decision.
 
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fairmontlvr

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United

My take of the whole issue as to whether to stay and pay for the renovation fee, or to pay to cancel is ask myself a very simple question. What do I own with my timeshare? I own time... Sharing of time. A contract for a set amount of years, after which the owners of the development could do as they wish as I am not the owner of this development, I own time. Very simple.

Yes, I fully understood that I would also be responsible to pay a yearly fee called a maintenance fee to cover the costs of utilities, wages and upkeep of the resort of which I own time.
I don't feel I should be paying for capital improvements, nor should I have to pay to give up my time.

I do hope that many that are sitting on the fence not knowing what to do, stand up and fight for what you feel is right.
Join one of the law firms.
 

Spark1

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Thanks again No_More, you have always stayed the course. I echo your advise to all: MAKE SURE YOU ARE WITH GELDERT/COX et. al.

I have not been forwarding what we have posted to them because frankly I don't know how to do so. Please make sure that all we have dug up gets there as Spark1 insisted.

HotPink and you hit on something very important. If any of the lawyers or other professionals contracted by Northwynd who are answerable to a Gov't required regulatory body (manditory), and who have investments/debts in the trust, now or in the past; they are clearly in a conflict of interest and subject to disciplinary action by these bodies. It not only speaks to malpractice, but given everything else the likelihood of fraud and cover-up.

A formal complaint to the Alberta Bar and other of these regulatory bodies would definitely draw a lot of negative attention to the aforementioned.

Good morning everyone. It is great to hear from new posters. It shows us posters that have been here almost from day one that many of you feel the same way. We have friends here in Mexico that owned at Playa Del Sol Grand and owned time there for 5years but did not like being almost in Bucercia's which is almost 30 km's from Nuevo Vallarta. They contacted their resort that they did not want to be members of that resort anymore and reasons why. The resort sent out papers for them to fill out and released them from the resort. This just took place this fall. There was no trying to steal money for a huge cancellation fee or renovation fee . They were happy to to take what time that was remaining on the contract.
What I was doing when I was in Canada, any Post that I felt was great material for the lawyers to use I would left click the post on the number and then I would print the post. I would then fax the post over to the lawyers. There is a lot of great information , example ClanCan posts that should be sent to Geldert or Cox Law. We are in this together and this is how we will beat them. Have a great day.
 

Go Riders

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Good morning. We will be joining the fight as well! We have tried to negotiate with Northmount on a lesser cancellation fee but they keep replying that it is not negotiable. So we are in the process of signing up with one of the law firms.

We were on the fence but Northmount has pushed us to join the appeal process. To all the other fence sitters, please join us as there will definitely be power in numbers!

Thanks to all the forum members that have posted very useful information that has encouraged our decision to join the fight.
 
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I have read the entire thread. I also joined in with the lawyers. I am sad to see my initial $14,000 investment go up in smoke, but it is not worth it anymore to pay these ridiculous demands. Northwynd can have it. I did not pay maintenance for 2013 when I first saw the notice. Don't pay these crooks another cent. You will only be held hostage as they will focus their efforts on people who do pay, because they will follow the money. I am sure they will come back to the current owners who want to stay in a very short time and demand even more money.
 

Meow

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I've been following the posts on a regular basis, even though i have not had much to contrubute to the discussion. I am grateful to ClanMac snd the others who have been researching Northwynd's infamous history. It is also encouraging that there are newcomers to this site that have now joined the legal battle.
 

Spark1

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Good morning everyone. It is great to hear from new posters. It shows us posters that have been here almost from day one that many of you feel the same way. We have friends here in Mexico that owned at Playa Del Sol Grand and owned time there for 5years but did not like being almost in Bucercia's which is almost 30 km's from Nuevo Vallarta. They contacted their resort that they did not want to be members of that resort anymore and reasons why. The resort sent out papers for them to fill out and released them from the resort. This just took place this fall. There was no trying to steal money for a huge cancellation fee or renovation fee . They were happy to to take what time that was remaining on the contract.
What I was doing when I was in Canada, any Post that I felt was great material for the lawyers to use I would left click the post on the number and then I would print the post. I would then fax the post over to the lawyers. There is a lot of great information , example ClanCan posts that should be sent to Geldert or Cox Law. We are in this together and this is how we will beat them. Have a great day.
I am sorry I was posting in bed and screwed up on ClanMac's handle. To many drinks at the Sheraton.
 

pdoff

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The Rafter 6 Ranch folks are packing up their belongings (Global - Newscast).There was reference to their demise being caused by 'Predatory Investor Practises by Resort Developers' and should be investigated.
Also there was a reference to a possible RCMP investigation on that newscast yesterday. The newscast was repeated this morning (Jan 15) - but the reference to the RCMP was not repeated - interesting.
 

renoman

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go legal

I've been following the posts on a regular basis, even though i have not had much to contrubute to the discussion. I am grateful to ClanMac snd the others who have been researching Northwynd's infamous history. It is also encouraging that there are newcomers to this site that have now joined the legal battle.


Have joined the legal battle, and other can do so for at least a week or so yet. Open until Northmont ask the lawyers for the list of their clients.
 

NoMas

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We're in too!

Thanks to all for the hard work you folks have done! We are joining up too. I just looked up the Rafter Six Ranch website, they have a press release describing in general terms what is happening with them. http://www.raftersix.com
 
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