XPLOR, I for one am getting very tired of your non-sensical, ill-informed, and mean-spirited ramblings. You seem to be looking to manufacture a vendetta out of nothing. Here are some of my observations about the case:
1. Those that joined the litigation group did so with eyes open, without coercion or false promises from anyone, including Jim Belfry or our lead law firm. Jim Belfry has contributed countless time and his own money to putting together the litigation group, researching the case, assisting our legal team with preparation, and testifying in court on behalf of the TS owners.
2. So far, the cost of joining the litigation group has been extremely reasonable - about the cost of, say, a decent recreational week-end - maybe taking the kids to an NHL hockey game. Not bad for having the legal services of two law firms in two court cases, one appeal, regular progress reports, and legal counsel and representation in collection activity.
3. So far, those in the litigation group are the only ones who have not lost money, with the exception of the cost of legal representation. Those who paid the cancellation extortion fee immediately lost thousands of dollars; those who paid the re-construction ransom lost thousands in the special assessment plus on-going maintenance fees. This latter group may be the biggest losers because they are locked into a partnership with people of questionable intent for the balance of their 40-year lease (or perpetuity for those who converted), who will not hesitate to assess further re-construction costs in a poorly constructed and rapidly deteriorating complex. For example, in year 38 these TS owners could be assessed say $5,000 for additional re-construction, but have only two years of benefits remaining. The owners/developers, however, have a considerably value enhanced complex. And the courts have ruled you have to pay. Rational people do not want to be part of that institutionalized scam.
4. Will we end up eventually paying more? Maybe, but the case is not over. Remember we lost the first Special Case, but won on appeal. The Judge Fitzpatrick ruling sounds very much like the Justice Loo ruling which we won on appeal. Will this ruling be appealed? I don't know, we'll have to let it play out. Maybe we'll find out how strong are Canadian Consumer Protection laws.
5. Me personally, I was quite aware accepting the cancellation extortion fee may have been the simplest and cheapest course to take. But, I was not prepared to roll over and be willingly played for a sucker. Sometimes you have to fight and pay to defend your principles and values.
6. XPLOR, I have been a passenger on this planet for some time and can afford the hit if there is one. I don't need ill-informed financial or legal advise from a self-appointed keyboard lawyer.
It was all a choice of the owner. Got it. Extortion ..... don't think so. I am a co owner with other TS owners. If our building are falling apart for whatever reason, I also co own the repair bill. I can't walk away from my contract anymore than I can walk away from my car lease, rental lease or any other binding contract. Different people obviously seen this differently. I, as mentioned took my and a few other contracts in to my business lawyer and you know the results. otherwise I too could have been in this group. But I and many others didn't see this as an extortion but a responsibility as rotten as it was at the time. I didn't join because I got my wondering issue settled and dealt with it. We only have maybe 15/16 years left on the contract. As the judge stated, if the owners don't pay the repairs, who does. If I the owner of my home don't pay the repairs, who does. Nobody else.
I read the judgement and posted my opinions. Whether they are seen as supportive, negative, positive or whatever, its what who ever what to make of them, but they are my opinions based on what I read in the judgement. I know there are some wishing they were no involved with this now in retrospect but it was the risk they accepted. Others have posted they accepted the risk. This board is for everyone to use, not just the supporters of the Belfrey group. As I haven't agreed with everything you posted above, I accept you will not agree with everything I post. That seems fair and a normal for most people. There are different opinions.
I encourage all owners to read for themselves the judgement and try to understand, there was no merit to it to begin with as many lawyers have indicated to their clients. One can read how the judge commented how ill prepared they were in presenting their case, that they couldn't back up their evidence and what stuck me mostly is the patience the judge took giving Belfrey every opportunity to spill his case. She took longer than normal and provided a longer judgement for the benefit of Belfrey because he really had no case and she wanted him to fully understand it. I then ask myself, why did this action start to begin with if lawyers and finally the judge deem there is no merit to the case at all. Secondly, rightfully or otherwise, I really feel sorry for those that were give a false hope right from the start and wonder, how did that happen. I was there and pissed off as well, so I know the feeling people were having and lots of talk about class action. Before throwing money into a class action I wanted to know for myself and the few others, is there a chance. So I know Belfrey's wagon was circling around, gathering pissed off owners that wanted someone else to look after their issue. Then I question, should this have happened. I guess so. We are all adults and do whatever we want. Just for me, I wish Belfrey got better advice and advise others. Not provide a false hope. Now, where does everyone holding the bag go, what do they do.
Not a keyboard lawyer, but a fellow TS owner who isn't sitting back and being smug by saying nothing, but trying to help other TS owners who now are faced with this ruling and apparent collections.
Do I have distain for people like Belfrey and 2X maniac, you bet, because they are either in hiding or loud mouthing anyone that is trying to make sense of what the heck happened and encouraging all to read the judgement to get to know Belfrey through it.
This board is open to everyone to post, agree or disagree, ones choice. When 2X maniac starts the name calling and insults, they will return to him, like Karma.
