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

[Judythreetimes]

What about a facebook page for fairmont? Anyone have any friends in the office at the resort? I think they might be willing to give out a list of names if they know the compnay they are working for is going under soon....

Sunchaser Northwynd Class Action Lawsuit
https://www.facebook.com/groups/193046264139928/

 

[GypsyOne]

Still shocked to see the numbers that paid either to stay or get out. Do folks have that much money or just felt that there wasn't anything they could do to fight Northmont. It's crazy!! I'm just as scared as the next guy but man, I sure don't want these crooks to win. I will continue to talk to my friends that are on the sidelines just watching and waiting, to join in the fight. Even if we were to loose, I would feel better for at least trying.

Everyone who is in the fight and signed on with a lawyer should do the same. If you know one, or two, or three of the uncommitted, talk to them and convince them to get on board. Buy them coffee and lay out the repercussions of losing this case. Organize your thoughts and write down a couple major talking points. My favourites:

"If these crooks win in court it will be like giving them unrestricted access to your bank account. There will be never ending requests for special assessments to upgrade their resort for their benefit with your money. When your lease runs out, you will have nothing and they will have a valuable resort built with your money."
or
"If you stay with this gang, your annual assessments will continue to rise to such unheard of levels you will have no choice but to pay their bloated cancellation fee to escape."

We have a couple good guys on our side working hard to win. Give them your support. The few hundred dollars it will cost to get on board is but a pittance compared to the cost of doing nothing and losing.

The lawyer to contact is:
Michael Geldert
Geldert Law
2704A - 930 Seymour St.
Vancouver, B.C. V6B 1B4

778-330-7775
sunchaser@geldertlaw.com

 

[Spark1]

I agree G1. The thousand that payed are either going to suck it up or be so ticked off at getting extorted only to find out there is no legal support to justify it they may want to jump on board the Statement of Claim vs. Northwynd bandwagon in the effort to get some restitution.

It is the other thousand or more that have done nothing that we must appeal to. We have to try and reach as many as we can, and if you are one of those reading this or following some of these posts, please don't sit in the trees to wait until the smoke clears. Nearly as many as you all have been waging this battle since day 1, for you as well! We could use your help!!!!!

Give Michael Geldert a call and truly become one of us. You will be proud of what you have done.

Northwynd trustees have decided to wind down the trust so what is going to be left to sue for? Who is going to own the properties that Northwynd would have removed out of the system because of the cancellations. I am sure if I was one of the REIT owners I would want to also sue. I feel the reason the trustees would wind down the trust is to get out of having to do the renovation of the resort. The Reno money should of been set aside and looked after buy our trustee sorry I mean Northwynd's trustee. If the money is setting in a bank account all we can sue for is the property.

 

[Spark1]

Northwynd trustees have decided to wind down the trust so what is going to be left to sue for? Who is going to own the properties that Northwynd would have removed out of the system because of the cancellations. I am sure if I was one of the REIT owners I would want to also sue. I feel the reason the trustees would wind down the trust is to get out of having to do the renovation of the resort. The Reno money should of been set aside and looked after buy our trustee sorry I mean Northwynd's trustee. If the money is setting in a bank account all we can sue for is the property.

I mean a bank account in the Bahamas.

 

[DarkLord]

Northwynd trustees have decided to wind down the trust so what is going to be left to sue for? Who is going to own the properties that Northwynd would have removed out of the system because of the cancellations.

Generally when a trust is wound down, the assets held by the trust (Sunchaser resort) are distributed to the beneficiaries (the Fairmont Bond Unitholders).

This is unlikely in the case. What could happen is the resort will be transferred to another entity likely a partnership with the Unitholders being the owners of the partnership or whatever legal entity Northwynd proposes.

If that happens, the Unitholders are not going to directly manaqge the resort so they'll likely hire Northwynd back to run things. What Northwynd will succeed in doing so is that the Unitholder can't sue them for damages anymore if they agree on this plan of action.

 

[DarkLord]

[Post text removed at request of Original Poster. -- Makai Guy, TUG BBS Administrator]

 

[Beaverjfw]

Next Steps

Our fearless leader has confirmed today that the Class Action is a go. Now we will get our chance to present the mountains of evidents for fraud, breach of contract and scam in court, Northwynd doesn't have a leg to stand on.

Join Geldert law if you want to share the award of damage from Northwynd's breaching of contract.

I would think it would be prudent to await the results of the July 4th vote to see if the trust is dissolved. There would be no point going after an entity that has no assets or moves current assets into new or different companies. An action with a shot gun approach, naming every trust, corporation, subsidiary and associated officer would work.

There's also the original Petition to deal with. Stopping the entire reorganization plan would deal a major blow to Northmont/ Northwynd.

 

[aden2]

To MAIBUCON
There always has to be a joker! Must be employed by Northmont gang!

 

[Beaverjfw]

Northwynd`s future

I have spent some time looking into the original business plan following the Fairmont failure. It outlines the Trust`s plans and options.
If makes for good (although long) reading. I think it also gives an insight into Northwynd`s options if the Trust votes to dissolve.

Have a look at http://documentcentre.eycan.com/eyc...port of the Monitor, dated March 15, 2010.pdf

Skip the first 16 pages and look at Appendix A. You can see what they planned and what the choices were for the bondholders.

 

[aden2]

This is from a complaint I filed June 24, 2014 with Alberta Consumer Complaints
Reason for the complaint: Unfair Trade Practices
I was contacted here in Edmonton on two different occasions to meet with a representative from Fairmont Vacation villas. The dates were Aug 10, 2009 and Nov 29, 2010. I was told this was a new program with Fairmont Vacation Villas offering they stated “a deal of a life time – Legacy for Life. The deals I would be given were: no expiry date; a five star rating; the value of converting points (RCI) would double in a few short years because of the high demand for Fairmont; endorsing the new contract was the same as the original contract sign for the timeshare; the great demand of timeshares in Fairmont in general because of maintenance etc. and a excellent managed resort.
In early 2013 I became aware that Fairmont Vacation Villas became insolvent March 30, 2009, and the resort was foreclosed and assets were transferred Northmont Resort Properties Ltd. June 22, 2010.
I was scammed out of $7,269.50 regarding Fairmont’s misleading presentation, and deceptive marketing practice. Northmont now claims they need money badly, the value of the resort has dropped considerably, and it appears it may close. During the years 2009 and 2010 there were no financial audits, and Collin Barrow auditors from Calgary stated that there were too many documents that were missing to do an audit. Today Northmont claims I am responsible for Capital Expenditures. This is a change in my timeshare contract!
If I had of been given the truth in the presentation given about Fairmont I would not I would not have been a victim to this scam. I am a senior and was taken advantage of by the Northmont Vacation Villas. We must join Geldert Law and sue for damages.

 

[Beaverjfw]

Injunction ?

Just throwing this out. Any legal beagles care to comment?

Given that the B.C. Court of Appeal has overturned Justice Loo's decision, I wonder whether it might be possible to obtain an injunction against Northwynd (and their Sauvegeau bloodhounds) to stop their collection practices until the validity of their fees and charges is settled.

 

[heydynagirl]

Just throwing this out. Any legal beagles care to comment?

Given that the B.C. Court of Appeal has overturned Justice Loo's decision, I wonder whether it might be possible to obtain an injunction against Northwynd (and their Sauvegeau bloodhounds) to stop their collection practices until the validity of their fees and charges is settled.

Mr. Geldert emailed all his clients June 5 with a copy of the letter he sent to Sauvegeau requesting they desist with contacting us as it was harassment. Apparently, they cant read if people are still getting correspondence from them.

 

[Yukoner]

I have spent some time looking into the original business plan following the Fairmont failure. It outlines the Trust`s plans and options.
If makes for good (although long) reading. I think it also gives an insight into Northwynd`s options if the Trust votes to dissolve.

It is interesting reading, and I did a quick scan and came up with a couple of things I found interesting. They make no reference to the condition of the asset. caveat emptor I guess. On page 74 under the title "Risks related to Real Property Ownership" they say:
"Northwynd LP will acquire ownership of the Secured Assets following the Arrangement, and therefore will be subject to risks generally incident to the ownership of real property. The underlying value of the Secured Assets and the Trust's income and ability to make distributions to unitholders will depend on the ability of the Northwynd LP to maintain or increase revenues from the Secured Assets and to generate income in excess of operating expenses. Income from the Secured Assets may be adversely affected by changes in national or local economic conditions, changes in
interest rates and in the availability, cost and terms of mortgage financing, the impact of present or future environmental legislation and compliance with environmental laws, the ongoing need for capital improvements, particularly in older structures, changes in real estate assessed values and taxes payable on such values (including as a result of possible increased assessments as a result of the acquisition of the Secured Assets by Northwynd LP) and other operating expenses, changes in governmental laws, regulations, rules and fiscal policies, changes in zoning laws, civil unrest, acts of God, including earthquakes and other natural disasters and acts of terrorism or war (which
may result in uninsured losses)."

What do I take away from this. They own it and acknowledged that a risk of ownership can be "the ongoing need for capital improvements, particularly in older structures".

Would love to be a fly on the wall at the unitholders meeting on July 4th. Have spoken to two other owners in our community and one has paid the exit fee and tried to forget that this happened, and the other is ready to move forward like us.

 

[GypsyOne]

Many will have received the DRAFT Statement of Claim from Sauvageau. The purpose is to shake loose more money with intimidation tactics. If you are signed on with Geldert Law, you will have forwarded it to him for reply. If you are not signed on with Geldert you should be because it is the only way to stop this gang. They are trying to shake-down innocent people with court sanctioned intimidation, and they must be stopped.

 

[DaveO]

Sauvageau & Associates

Anytime you post you should try and have Sauvageau & Associates in your post, the more times that we can have Sauvageau & Associates in our posts the better ranked this page will be on search engines.

We need other people that are not aware of what's going on to find this thread when they're searching Sauvageau & Associates so that they can be better informed on how to fight Scamwynd and Sauvageau & Associates.

I find myself lucky that I haven't had a letter sent to me from Sauvageau & Associates or I would tell Sauvageau & Associates to get bent.

I'm tired of hearing about Sauvageau & Associates so I hope others are to.

Yours truly,

Not a really big fan of Sauvageau & Associates.

 

[Yukoner]

We also just got our "draft" demand letter from Sauvageau and Associates. I can certainly see how a demand like this from Sauvageau and Associates would be very disconcerting and upsetting for someone without legal representation or knowledgeable about their options. Anybody who receives a demand from Sauvageau and Associates who does not have legal representation should certainly contact Geldert Law and get on board the action against Northwynd.

 

[aden2]

Bill collectors in Canada often use aggressive tactics to chase consumers, sometimes even managing to reel in payments when no credit was owed in the first place.Nearly every province or territory has a consumer protection law specifically addressing the use of bogus legal documents or false information to mislead the debtor.

Misinformation can run the gamut from lying about the amount of debt owed to pretending to be someone different (for example, posing as a lawyer) to threatening to sue when the collection firm has no intention or authority to do so.

 

[Tacoma]

I got my letter from Sauvageau and Associates but don't think I'll even open it. Only a morally corrupt company like Northwynd would hire another morally corrupt company like Sauvageau and Associates to do their dirty work. Been signed on with Geldert Law since the start. Would like to see others join us in this fight.

also not a fan of Sauvageau and Associates

 

[ClanMac]

Sauvageau

Regardless if you're in with Geldert or not explicitly state to Sauvageau that litigation is in progress and as it involves you, any further communication from them will be viewed as a violation of your legal rights and you will contact the RCMP to file a formal complaint of criminal harassment.

Don't forget that if Sauvageau was anywhere near competent enough to engage in litigation procedures of any significance he wouldn't be crawling out of a dumpster to dust off what credentials he may have left in the effort to make him seem more than the bottom rung collector he really is. Don't give him or anyone left at Northwynd/mont the time of day.

 

[Beaverjfw]

Alberta has legislation called the Fair Trading Act and the Collection and Debt Repayment Practices.


There lots that pond-scum collection agencies can't do, but notice the exemption I have highlighted in the text from the Service Alberta circular.
(full details here: http://www.servicealberta.ca/pdf/tipsheets/Bill_Collection_and_Debt_Repayment.pdf )


Alberta requires all collection agencies, collectors, debt repayment
agencies and debt repayment agents to be licensed under the Fair
Trading Act and the Collection and Debt Repayment Practices
Regulation. All locations at which collection or debt repayment activity
occurs must be registered on the licence. The agencies are responsible
for the behaviour of the collectors or agents they employ.
The legislation does not apply to businesses or people collecting debts
for which they are the original creditor or owner of the debt, a lawyer
who is collecting a debt for a client, a civil enforcement bailiff or agency
while seizing security or people working in the regular course of their
employment while licensed under the Insurance Act.

 

[heydynagirl]

When googling Sauvageau & Associates I came upon this little tidbit about Sauvageau Holdings. Yup same guy, Francois Sauvageau. It relates to his purchase of the collection agency. Interestingly, the judge identified the actions as uncivil around section 127.

http://www.ellynlaw.com/info_centre_3_4188675245.pdf

 

[ClanMac]

It all doesn't matter anymore. Northwynd Properties Real Estate Investment Trust is dissolving, with Northwynd trying to get unit holders 20 cents on the dollar for their original investment (and this will be hierarchically structured - guess who will be first in line. Remember Colin Knight!!!). After this Northwynd's proposal is to sell the assets (i.e. what's left of the resort) and distribute the proceeds to the owners/unit holders (whether that be money or other assets acquired in exchange: e.g. equity in other businesses). Wankel neglected to report to the unit holders that Justice Loo's decision was overturned on appeal.

Wankel and Frey are to receive severance packages on top of everything else they grabbed.

Sauvageau is working off a percentage of what he can extort from those he intimidates, but won't be around much longer. Ignore him in the interim.

So you can sit back and wash your hands of all this crap and don't worry about a share of time in nothing; and if any of the unit holders believe Northwynd can sell the TS interests to some other duck, then I have another guaranteed 18% return on investment they may be interested in as well.

If you want to put a hold on the sale of the Fairmont properties and remaining land and seek some compensation according to your % interest (TS value in relation to overall ownership), then go ahead with a statement of claim.

Northwynd currently has no legal recourse against us and has no intent to pursue action to obtain such.

The principal culprits who robbed us throughout all this (none more so than Knight & Morcom (Dunvegan Petroleum - major unit holder waiting to collect their share of what's left)) have planned their futures beyond Northwynd long before now; there are fat offshore accounts in the Barbados that FRPL-Finance was filling before the bond to unit swap. It's ironic that Wankel advises the unit holders about what is taxable with the dissolution of the trust and the Canada Revenue Agency is still trying to figure a way to get at Barbados.

 

[GarryH]

Is this just speculation (ClanMac's post) or is there some substance to it? When I hear the same story from Michael Geldert, I will believe it.

 

[ClanMac]

Believe what you want, I just hope you haven't paid for it.

What is contained in documents (e.g. CCAA March, 2010; Form 78: Statement of Affairs - Creditor List (made public Aug. 6, 2010); Class Action law suit vs. RI REIT (& various individuals associated with Northwynd) and has been reported on this site over the past year isn't speculation.

It was reported that Fairmont Resort Properties Ltd. had gone bankrupt after FRPL Finance had sucked in millions in investments into the Resorts International Real Estate Investment Trust (the precursor to Northwynd Real Estate Investment Trust). There had been no audited financial statements or indication of where all the investment money had gone for more than six years, and the Chairmen of Olympia Trust (millions invested on behalf of their clients) sued; claiming that it had everything to do with REIT investments made with FRPL Finance (Knight, Morcum & Nycholat), and that it was a "planned" bankruptcy. All the resort properties assets remained in the REITand FRPL declared it had none, with Knight, Morcum (Dunvegan) being on the creditor list being owed millions more. Who the hell do you think Northwynd made a commitment to pay? do you think these are not major unit holders?; and how was it that Computershare Canada (trustee of all securities held in Northwynd Properties Real Estate Investment Trust) bought out Olympia Trust for 43 million dollars, and all of a sudden the class action evaporated.

Fitzsimonds had previously stated to a disgruntled TS owner in the Rancho Banderas (a resort property in the RI REIT) fraud who threatened a personal law suit, that he couldn't touch their money because it was offshore in Barbados. It doesn't take a detective to get a broad idea of the many millions that have been invested and gone missing.

By the way GarryH or whoever, Geldert knows all this and a lot more because I laid it all out to him. He can't go anywhere with it because of the narrow scope of the action he has taken on your behalf. It is a whole lot different with me because I work in the Criminal Justice System, and as Northwynd heads into bankruptcy (another nice job of planning and walking away with millions) I may just be getting started.

 

[truthr]

ClanMac - with all due respect those of us who have retained Michael Geldert have at least some legal representation and without him and others who have worked tirelessly on our behalf we would be lost in this mine field of legal chaos.

If you have given him any information I am confident he has reviewed and assessed it and if need be will use it moving forward.

I ask you what the purpose is of some of your comments here and particularly your last paragraph on your last post. Are you trying to scare people?

You say you work in the Criminal Justice System but do not say in what capacity. If you are in a position to assist all those who are affected by this and somehow expedite this matter - why aren't you?