XPLOR -- are you really one of us timeshare owners?
Just reading few of your posts it seems to me, that you are the Northwynd/Northmont.
I think your so called business lawyer is NORTON ROSE, and they represent Northmont and yourself. So, thank you for your advice, and please LEAVE this site.
We know, what we are up against and your false empathy does not help anyone.
Knowing what you are proclaiming to know for so long, why didn't you post your "smarts" 2 years, or year ago, or why didn't you contact M.Gelderts's office and have some relevant input to this issue?
Remember, just because some judge issued this opinion, it does not make it right.
Another judge can have totally different judgment.
Contracts cannot be just irrelevant piece of paper. If anyone of us TS would think like this, and if we knew that we would have to pay for capital expenses on this resort, we would never, never got into it in the first place.
Why would I pay when renting house/apartment for structural repairs?
I am paying rent, electricity, water, cable, heat and this is it. If there is a foundation problem, or roof problem this is not my concern.
So, XPLOR please take your advice and false empathy with you and LEAVE.
1)We have owned since 1988, you have no idea and lots of guessing
2) so wrong on this Rose lawyer, as mentioned I used my own business lawyer, one of the most reputable in Alberta. This seem to bother you that other lawyer could quite easily make a assessment on an out come by reading a contract.
3) Why would I contact Geldert's office when I had good advise and he turned out wrong anyway..
4) Northwynd/Northmont.... listen, I have offered full permission to the TUG administrator to determine where my IP address is (where I post from). No loud mouth on this site seems to want to verify that but to keep yapping on this site I am someone else they think. Don't you 'think' for a moment that another TS owner who sees things differently, obviously got better advice than you and didn't get caught up in this Geldert lawsuit that failed terribly to make a case can post here. I don't see anywhere this is the Geldert lawsuit website. Because it wasn't the conclusion you wants, this supreme court is just some court's opinion. The 'some court' is the BC Supreme Court. You mention "another judge could have a totally different judgement", which means your saying from you legal opinion, judges don't base their judgements based on past ruling called 'case law', which she used throughout the judgement and you really think they are all over the map on coming to a decision and depends on the judge assigned to the case ?? I get it now where you are coming from, from no where and pure ignorance of the judicial process in a democratic country.
5) your babble on about contacts are paper only, about renting, apartments, building repairs and then capital expenses not your cost. Sorry, the judge says they are based on the paper contract you signed until you can find an supreme court appeals judge to refute her clearly backed up by case law, judgment.
6)'Capital expense', is that the foundation repair that you are calling capital expenses ? Sorry but you plainly don't know what you are talking about and what 'capital expenses/cost' are, is your problem. From someone who managed at one time million dollar budgets with 'capital cost', a capital cost is something 'new'. New building, new equipment, something you didn't have before. Existing foundation repairs are exactly that, repairs. The judge commented using the example that if a building burnt down and was rebuilt, that is not a 'capital cost', it is a repair. She found no merit in Geldert's definition of 'capital cost' and frankly most lawyer wouldn't either. Northmont has no capital costs that are part of these fees. This is just one example of many where you and all of the followers of Belfrey are really off the track so many times, but I guess it can happen with the right lawyer and the money provided. If you think your right long enough, based on hearsay and misinformation, then it is only you that is right, but doesn't help you or anyone in the end when all along you have been wrong and thought your right.
And lastly, I have lots of empathy for all of the very good ordinary honest people that got pulled into this started by Belfrey and aided by his lawyer when there was no case, just a long shot and a chance to make a pile of money on a class action suit. One must ask why Belfrey and Geldert couldn't back up evidence they were presenting and was poorly prepared for this trial as was stated in the judgement. If you are going to go to court with 'evidence', an experience lawyer will make sure his witnesses can back them up with fact. This wasn't the case. Did Belfrey really represent the best interests when others lawyers could plainly see there was no merit going into any lawsuit. I feel it was based on what
he though it should be and misinformation. Those are the ones I have empathy for because they followed bad advice and misinformation and hoped Belfrey would fix it for them. I have no empathy for those who were involved, lost their money chasing the bad choice and long shot that want the other side of the coin exposed to stop posting the truth of the matter, because he doesn't agree with you and a hand full of Belfrey's followers that lost and somehow still think based on a very clearly explained judgement, it was wrong. Think whatever anyone wants, it is a BC supreme court ruling. And I am not leaving, because this isn't your website.
Have a great day.