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[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!
- Thread starter htusa2002
- Start date
Bill4728
Moderator
We all have been reading about your problems with the resorts management group for some time.
Please Keep us informed how things go
Please Keep us informed how things go
saw this article today...hope things work out for the owners!
http://www.columbiavalleypioneer.com/?p=17110
http://www.columbiavalleypioneer.com/?p=17110
Trial Progress
As noted just a few posts earlier, there no longer daily trial updates. The last was at the end of week 1 of the three week trial. We are now in the final week and judging from the initial updates, the pace was running ahead of schedule. I would not be surprised if it ends a day or so before Friday the 22nd which was the originally scheduled final day.
Mr. Geldert has indicated that clients will be updated at the end of this week.
No idea how long it may take for a decision but if the BC Appeal Court decision is any indication, I'd expect it to be a few months.
As noted just a few posts earlier, there no longer daily trial updates. The last was at the end of week 1 of the three week trial. We are now in the final week and judging from the initial updates, the pace was running ahead of schedule. I would not be surprised if it ends a day or so before Friday the 22nd which was the originally scheduled final day.
Mr. Geldert has indicated that clients will be updated at the end of this week.
No idea how long it may take for a decision but if the BC Appeal Court decision is any indication, I'd expect it to be a few months.
Northmont Piling Up the Claims
A check today on the BC Court online systems shows Northmont is continuing to file claims. There have been 155 added claims files just in January 2016, at various court locations and as recent as today (Jan 22). I would expect they are also clogging up the Alberta courts but I have no access to that information.
I would expect they want to be ready to press the claims if they get a favorably ruling from the current test case.
A check today on the BC Court online systems shows Northmont is continuing to file claims. There have been 155 added claims files just in January 2016, at various court locations and as recent as today (Jan 22). I would expect they are also clogging up the Alberta courts but I have no access to that information.
I would expect they want to be ready to press the claims if they get a favorably ruling from the current test case.
More Northmont Claims
Filed claims in BC courts continue to rise, with a total of 319 more in January, so far. Having read the closing court statements from Geldert Law, I have a hard time seeing how Northmont thinks they will come out on top in this case, but I'm no lawyer, so anything could happen.
Filed claims in BC courts continue to rise, with a total of 319 more in January, so far. Having read the closing court statements from Geldert Law, I have a hard time seeing how Northmont thinks they will come out on top in this case, but I'm no lawyer, so anything could happen.
Cinnamon193
newbie
Hi Everyone,
My parents have been stressing out about being sued. They were called today and told that Northmont was going ahead with legal action against them.
It was only today that I discovered this forum and was made aware that there was a class action. Had I known, I'm sure they would have joined.
There is no way they can afford the 15k (or whatever it is at this point).
Is there any recourse for those who are only now finding out about this? Would love to talk via this forum, email, or phone. Any advice greatly appreciated. My parents are extremely upset about this. (They did contact a lawyer in Williams Lake a year ago regarding this, and he told my parents not to pay Northmont anything.)
Thank you,
Megan
My parents have been stressing out about being sued. They were called today and told that Northmont was going ahead with legal action against them.
It was only today that I discovered this forum and was made aware that there was a class action. Had I known, I'm sure they would have joined.
There is no way they can afford the 15k (or whatever it is at this point).
Is there any recourse for those who are only now finding out about this? Would love to talk via this forum, email, or phone. Any advice greatly appreciated. My parents are extremely upset about this. (They did contact a lawyer in Williams Lake a year ago regarding this, and he told my parents not to pay Northmont anything.)
Thank you,
Megan
Last edited:
Cinnamon193
newbie
Hi Southcom,
My parents are in the same predicament and have no idea where to turn now. Any advice?
Thanks very much,
Megan
Nothmont Claims
The trial ended in January and it will be a test case for THOUSANDS of similar actions in Alberta, B.C and elsewhere. It looks like Northmont is going after those owners that do not have legal representation now in an attempt to have them pay up or settle before a decision is made by the BC court.
Your parents would have a much better idea of their position once the court gives it verdict on the issues. They would also have access to the decision in the public record. Any delay in the Northmont proceedings would be to their advantage.
(Not a lawyer. This is not legal advice)
The trial ended in January and it will be a test case for THOUSANDS of similar actions in Alberta, B.C and elsewhere. It looks like Northmont is going after those owners that do not have legal representation now in an attempt to have them pay up or settle before a decision is made by the BC court.
Your parents would have a much better idea of their position once the court gives it verdict on the issues. They would also have access to the decision in the public record. Any delay in the Northmont proceedings would be to their advantage.
(Not a lawyer. This is not legal advice)
Caroline S
newbie
When is a decision expected by the courts
My family has also received a filed claim by Northmount. Does anyone know when a decision by the court is expected?
Thanks
My family has also received a filed claim by Northmount. Does anyone know when a decision by the court is expected?
Thanks
Anxiety123
newbie
- Joined
- Jun 3, 2013
- Messages
- 42
- Reaction score
- 4
Hang in there!
We all need to wait now to see what happens with this test case. I am one of the owners that joined with Geldert. I am hoping I put good money toward a great outcome for everyone that has not paid Northmont. Even if the outcome isn't what we want, I am glad I put up the money to help as I was not going to just payout Northmont without a fight. I wish those that missed finding out about the class action could have helped financially as more is better but the case has gone through the courts and now we must all just wait for an answer. Hang in there.
We all need to wait now to see what happens with this test case. I am one of the owners that joined with Geldert. I am hoping I put good money toward a great outcome for everyone that has not paid Northmont. Even if the outcome isn't what we want, I am glad I put up the money to help as I was not going to just payout Northmont without a fight. I wish those that missed finding out about the class action could have helped financially as more is better but the case has gone through the courts and now we must all just wait for an answer. Hang in there.
When I contacted Geldert in December they said they would take on new clients in February. I emailed them last week and they said to call them on February 12/16 if you are a new client and they will give you a clearer picture of what options you have. I will call today but I suggest you call them also and get the information first hand.
Cinnamon193
newbie
Thanks so very much for the info. My parents were in contact with Geldert Law and will be receiving all the info to join the class action. They were told by the law firm that it is NOT too late to join. Good news.
I truly hope this turns out for the best for all the timeshare owners involved.
Incidentally, we have heard of personal dealings with Matkin law before, and he is one shady lawyer
Thanks again everyone, info greatly appreciated!
I truly hope this turns out for the best for all the timeshare owners involved.
Incidentally, we have heard of personal dealings with Matkin law before, and he is one shady lawyer
Thanks again everyone, info greatly appreciated!
ismash55
newbie
Civil case file on queen Elizabeth
Anybody can help me or has the same issue . I received a civil case coming from solicitor of fairmont that i need to pay $11,000 for maintenance fee. They urges me to pay as soon as possible. On my case we never used fairmont not even once sign up on July 2006. I did call them on that year to cancel the fairmont but they don't allow me. Now i'm stock to make a decision to pay or not , or i can file a dispute for this issue. Anybody has a suggestion what will i do.
Anybody can help me or has the same issue . I received a civil case coming from solicitor of fairmont that i need to pay $11,000 for maintenance fee. They urges me to pay as soon as possible. On my case we never used fairmont not even once sign up on July 2006. I did call them on that year to cancel the fairmont but they don't allow me. Now i'm stock to make a decision to pay or not , or i can file a dispute for this issue. Anybody has a suggestion what will i do.
Quadmaniac
TUG Member
- Joined
- Feb 24, 2012
- Messages
- 1,913
- Reaction score
- 217
- Location
- Calgary, Alberta, Canada
- Resorts Owned
- Marriott Willow Ridge (x2), Ko Olina week 51 (x3) & 52(x2)
Maybe take some time to read this thread - it has everything you are asking about.
BettyBoop52
TUG Member
Two years ago, my husband & I paid $3,000 to get out of our membership in Fairmont. We were told by Northmont that this was what we had to pay to leave as we were not interested in continuing to pay ever-increasing maintenance fees and we did not like the changes that were taking place at Fairmont. We did not know about the class action lawsuit and are wondering if it's too late to join it. We don't want anything more than our money back. How much would it cost to join at this late date? Or is it too late?
The only one that can answer this question is Geldert Law. Get on the phone and call Mr. Geldert. He can let you know whether you can join, if it is worthwhile, the costs, and what your options might be. The January court case lasted three weeks and was intended to set out a number issues for the court to decide. Situations are different for many TS owners so tell Geldert Law about your circumstances to see if they can help.
BettyBoop52
TUG Member
Thanks, Beaverjfw. Will do.
Timeshare at Northmont( Foremont BC) Alberta, Canada.
Hello, Has anyone been taken to court for not paying their maintenance fees? We haven't paid ours for 5 years . We are already contact with Mr. Geldert. and he sent some information .
Hello, Has anyone been taken to court for not paying their maintenance fees? We haven't paid ours for 5 years . We are already contact with Mr. Geldert. and he sent some information .
Hello, Has anyone been taken to court for not paying their maintenance fees? We haven't paid ours for 5 years . We are already contact with Mr. Geldert. and he sent some information .
f you know anyone who wishes to join this Litigation Group, please ask them to contact us so we can discuss this with them.
Where to from here? Case Lost!
The judgement is in from the BC Supreme Court and it looks like only bad news. The full judgement can be read here. over 100 pages.
http://www.courts.gov.bc.ca/jdb-txt/sc/16/04/2016BCSC0401.htm
Expect Northmont to begin collections and enforcement.
The judgement is in from the BC Supreme Court and it looks like only bad news. The full judgement can be read here. over 100 pages.
http://www.courts.gov.bc.ca/jdb-txt/sc/16/04/2016BCSC0401.htm
Expect Northmont to begin collections and enforcement.
Sunchasers lawsuit
Thanks Beaverjfw for posting the final judgement.
I have been following this along since this group was formed. I was also a concerned owner and contacted Northmont about the extra fees being added to us for fixing the resort back up. I was out to Sunchasers in 2012 and seen the issues that were concerning to the future of our resort. If they were going to be fixed, I wasn't sure if I was responsible with other owners. A few of our friends who own there and I took all of our contracts in to a very reputable lawyer I use with my business to take a look to see if Northmont had a case to be asking for the repair money. He looked it over with a number of his associate business lawyers and told us we would have absolutely no case and chance to litigate against Northmont and would never take a 'lost case' on. In fact he said Northmont has an obligation in the contract to maintain our property with other owners and it is our expense. We would have to choose an option to stay and pay (and enjoy our timeshare) or pay a pay out to leave our timeshare ownership since many were using their TS less or not at all. We all decided to do the $100. a month and it the issue was over. Didn't put any of us into ruins or Kraft dinner for 20 months. I did some research on the internet and Sunchasers were not the only timeshare faced with this problem. Many major timeshare operators were assessing owners for repairs and refurbishing that were not expected and had to pay.
So after reading the final judgement that was posted here, I am both happy we made the choice we did and pay up 3 years ago and sad for the many who choose to needlessly follow a piper into the sea. Don't know the man, never met him, but after reading the very interesting judgement transcript of the judge's decision, what was presented by Mr. Belfey and his lawyer and prime witness Chris Van der Deem, the alligations and issues that were not only non founded, they simply honestly had no case on every single issue. Both Mr. Belfrey and his #1 witness lost all credibility with half baked or no evidence to support his case and if you take the time to read the transcript (which if you paid this guy you followed into this mess, you should read the lack of any credible evidence in his case) you will see they dropped many issues because they knew the judge lost credibility early with them in the trial. Read closely and you with read that she is saying you have wasted the courts time on this. His lawyer took you all for a very expensive ride no one should have been on. Again, I have only read the judgement, evidence that was presented and can clearly see that Mr. Belfrey never had a case to begin with. Many will not be happy after throwing money behind this guy and having this outcome, so you owe it to yourselves to read the complete judgement (about 2 hours) and you will see who you need to be collecting your money back from.
Interestingly, speaking of money back, in the conclusion of the judgement, neither side requested their court costs be paid by the other side, but the judge was so dismayed (pissed off) that she went ahead and granted Northmont court/legal costs from Belfrey.
Don't beat up on yourselves for following this guy. Most of us were not happy about the fact the previous operators Fairmont (which Belfreys #1 witness was the main man managing your timeshare, allowed this lack of maint. to occur and the new operators Northmont simply trying to fix the mess that was left. I could have used the $2000. on many other things but in the end (as we now see) we pay one way or the other. He simply should have read the contract and understood the situation and accepted it and not drag 'hopefuls' along with him. Sorry for everyone who lost money betting on this horse.
Thanks Beaverjfw for posting the final judgement.
I have been following this along since this group was formed. I was also a concerned owner and contacted Northmont about the extra fees being added to us for fixing the resort back up. I was out to Sunchasers in 2012 and seen the issues that were concerning to the future of our resort. If they were going to be fixed, I wasn't sure if I was responsible with other owners. A few of our friends who own there and I took all of our contracts in to a very reputable lawyer I use with my business to take a look to see if Northmont had a case to be asking for the repair money. He looked it over with a number of his associate business lawyers and told us we would have absolutely no case and chance to litigate against Northmont and would never take a 'lost case' on. In fact he said Northmont has an obligation in the contract to maintain our property with other owners and it is our expense. We would have to choose an option to stay and pay (and enjoy our timeshare) or pay a pay out to leave our timeshare ownership since many were using their TS less or not at all. We all decided to do the $100. a month and it the issue was over. Didn't put any of us into ruins or Kraft dinner for 20 months. I did some research on the internet and Sunchasers were not the only timeshare faced with this problem. Many major timeshare operators were assessing owners for repairs and refurbishing that were not expected and had to pay.
So after reading the final judgement that was posted here, I am both happy we made the choice we did and pay up 3 years ago and sad for the many who choose to needlessly follow a piper into the sea. Don't know the man, never met him, but after reading the very interesting judgement transcript of the judge's decision, what was presented by Mr. Belfey and his lawyer and prime witness Chris Van der Deem, the alligations and issues that were not only non founded, they simply honestly had no case on every single issue. Both Mr. Belfrey and his #1 witness lost all credibility with half baked or no evidence to support his case and if you take the time to read the transcript (which if you paid this guy you followed into this mess, you should read the lack of any credible evidence in his case) you will see they dropped many issues because they knew the judge lost credibility early with them in the trial. Read closely and you with read that she is saying you have wasted the courts time on this. His lawyer took you all for a very expensive ride no one should have been on. Again, I have only read the judgement, evidence that was presented and can clearly see that Mr. Belfrey never had a case to begin with. Many will not be happy after throwing money behind this guy and having this outcome, so you owe it to yourselves to read the complete judgement (about 2 hours) and you will see who you need to be collecting your money back from.
Interestingly, speaking of money back, in the conclusion of the judgement, neither side requested their court costs be paid by the other side, but the judge was so dismayed (pissed off) that she went ahead and granted Northmont court/legal costs from Belfrey.
Don't beat up on yourselves for following this guy. Most of us were not happy about the fact the previous operators Fairmont (which Belfreys #1 witness was the main man managing your timeshare, allowed this lack of maint. to occur and the new operators Northmont simply trying to fix the mess that was left. I could have used the $2000. on many other things but in the end (as we now see) we pay one way or the other. He simply should have read the contract and understood the situation and accepted it and not drag 'hopefuls' along with him. Sorry for everyone who lost money betting on this horse.
ERW
newbie
I have to admit that I was not happy to pay the reno fee but elected to do so and move on. Unfortunately with legal cases, there are never any guarantees. Learned that a long time ago and it has stuck with me since. Despite how right you think you are (morally, ethically and legally) the other party thinks they are just as morally, ethically and legally right. In the end it is the judge that has the final word. You can never be 100% certain how a court will decide. As the previous commenter stated, it is a risk you take, a roll of the dice so to speak.
Unfortunately, those that joined the legal action will have some pretty big bills to settle up but perhaps we can all just move on and enjoy our timeshares?
Unfortunately, those that joined the legal action will have some pretty big bills to settle up but perhaps we can all just move on and enjoy our timeshares?
Those that think they have saved money by paying the Northmont ransom may be in for a surprise. Effectively this court ruling provides Northmont with a blank cheque to use the timeshare owners as their personal money machine for renovating a faulty building complex for their benefit. The buildings were not constructed according to code; buildings that should have had a lifetime of at least 50-60 years are failing after only 15 years. Buildings will continue to fail and Northmont will have free rein to demand renovation money which they will use to upgrade, beautify, and market the complex for timeshare or condominium sale. The TS owners will be at the mercy of unscrupulous resort owners; the TS owners do not have the protection of the courts; and they do not have representation in resort management and financial decisions. Only the naïve or a fool would want to be part of that dismal future.
Judge Fitzpatrick ruled that the litigation group's case was without merit, vague, etc.; that no fundamental breach had occurred. I do wonder how many TS owners would have bought into the complex had they known the buildings were not built according to code; that there were numerous construction shortcuts; that the TS owners would be responsible for correcting deficiencies. My guess would be about ZERO.
Further, how many think it reasonable that you pay, say $16,000, to acquire a timeshare, then when the complex fails because of construction deficiencies, that the Management asks you to pay once again to give the timeshare back. Ridiculous!
This is a decision of big business over the consumer. I was always uneasy that the courts in B.C. would rule against a major B.C. tourist attraction being put at risk of failure and bankruptcy. Instead the courts backstopped some rich investors, owners, and managers from the consequences of inept construction and bad decisions in order to keep the facility alive.
The ruling repeated several times, "If the timeshare owners don't pay, then who does?" My answer would be not the TS owners who bought into the complex in good faith, but the developers, owners, and managers who made these dumb decisions.
The judge tipped her hand on whose side she was on when, without being asked, she awarded costs to Northmont. Does that mean the TS owners are paying Northmont court costs twice - once when Northmont funds their court costs from TS owner's maintenance fees and again with the awarding of costs? Is this a subliminal message from the Judge not to appeal because it will be expensive?
Judge Fitzpatrick ruled that the litigation group's case was without merit, vague, etc.; that no fundamental breach had occurred. I do wonder how many TS owners would have bought into the complex had they known the buildings were not built according to code; that there were numerous construction shortcuts; that the TS owners would be responsible for correcting deficiencies. My guess would be about ZERO.
Further, how many think it reasonable that you pay, say $16,000, to acquire a timeshare, then when the complex fails because of construction deficiencies, that the Management asks you to pay once again to give the timeshare back. Ridiculous!
This is a decision of big business over the consumer. I was always uneasy that the courts in B.C. would rule against a major B.C. tourist attraction being put at risk of failure and bankruptcy. Instead the courts backstopped some rich investors, owners, and managers from the consequences of inept construction and bad decisions in order to keep the facility alive.
The ruling repeated several times, "If the timeshare owners don't pay, then who does?" My answer would be not the TS owners who bought into the complex in good faith, but the developers, owners, and managers who made these dumb decisions.
The judge tipped her hand on whose side she was on when, without being asked, she awarded costs to Northmont. Does that mean the TS owners are paying Northmont court costs twice - once when Northmont funds their court costs from TS owner's maintenance fees and again with the awarding of costs? Is this a subliminal message from the Judge not to appeal because it will be expensive?