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

[aden2]

Does this mean that anyone buying a Sunchaser timeshare and has some serious health problems cannot get out of their timeshare?
I had heard that this timeshare company was contacting timeshare owners when they were insolvent and claiming what they had to offer was one of the best in the world etc. When my neighbour told me this I told him that this type of business is a crime in Canada.

 

[ERW]

I am curious to see how the interpretation of the various agreements will end up tomorrow. I have never understood how the lease agreements and the "owner" agreements could have ever been lumped together as one group. In a lease agreement, lessees never have the opportunity to "profit" (i.e. no return on investment as they have none) or show a "loss" as they have no vested interest to profit or lose from. There are no revenues to show as income and no expenses to write off. That applies as well to those that purchased "ownership" in their units. Would CRA ever allow them to show ownership in these units and claim revenues/expenses in the timeshares they have "purchased"? The latter might be a bit more dicey to prove but at the very least, those that have leases will never be able to even remotely have the chance to ever resemble an "owner".
did the leagal team ever tackle that question during any of the cort presentations or appeals? Or is that the objective of tomorrow's review of the VIA's?

 

[aden2]

Lydiatt v. Banff Rocky Mountain Resort, 2008 ABPC.pdf
Interesting case!

 

[Never Give Up]

While being careful of what to say on here (they are watching us) I just want to say after Edmonton's recent court appearance (next one is May 1) I am more energized to fight for what is right, legal and proper.

Approx. 262 of us showed up for court!
The Judge was kind enough to get us a larger court-room to hold everyone. (Filled to the max). It is important for a number of reasons that as many of us as possible show up for the next court appearance in Edmonton on May 1st. at 9am.

The Defense Lawyers (ours) will be stating their case on May 1st. There is a lot to cover. They ran out of time last time and only the Plaintiff's case was heard. Very interesting. After the last appearance we had a very good meeting (with the Lawyer @ Geldert Group). If you are a member of this group you will be kept in the know. If you do not have a Lawyer yet and want to benefit from when we win this case you may want to contact them ASAP.

Their email is " Sunchaser@Geldert Law . com " (I've separated the words to avoid spammers).
Phone: 778-330-7775.
Web: www.GeldertLaw.com and www.SunchaserTimeShareOwners.com

You may also wish to phone them in order to speed up the process of joining.
They are from Vancouver.

It is imperative that we do not allow Sunchaser to separate and divide us any more than they already have. (They were suppose to assist us in forming a Owners Association too). We need to stick together and stick up for what is morally correct!

It has cost us very little money for the Lawyers because we are such a large group & it's certainly a lot less than what the time share wants to steal from you.

Even if you have already paid them to get out of your time share, I would contact Michael Geldert for a free conversation.

 

[Spark1]

Lydiatt v. Banff Rocky Mountain Resort, 2008 ABPC.pdf
Interesting case!

Aden2 would you please redo this so we can open the PDF. This would be great if we can post this on Facebook so every one on social media can read this. Facebook has blocked me from posting this.

 

[servemeout]

If you have a timeshare at LOR, the chances of another headache maybe coming. We have now received three calls from a debt collector. In Alberta, there is a three strike rule. You can not be contacted by phone more that three times after the initial contact in a seven day period. This information is on the Service Alberta web site. You have the right to request "snail mail" only if you are contacted more than the allowed number of times. I would strongly suggest that if this is the case, keep a record of the number, time & date that you are contacted. The calls we have received are from California, however it appears that they have an Edmonton branch office. The language used in the last call was "aggressive" and they threatened to report to the credit bureau. IT is YOUR RIGHTS. The sale offering for LOR did not include some time shares. I have a few questions. Who is the owner of the time shares? The following is from the listing of LOR before the sale in June 2014.
"Terrace 3 and 4
The Terrace 3 and 4 buildings are situated just above the Lakeside buildings and are of a similar age. Combined, these two buildings have 48 units, which are all one bedrooms with queen beds. Of the 48 units, 8 are included with this offering, 26 are timeshare owned, and 29 are privately owned. Forty units are within the hotel rental pool."

 

[TUGBrian]

the link to the pdf is not a valid one...if the OP can email the PDF to tug@tug2.net ill post it.

 

[Spark1]

Lydiatt v. Banff Rocky Mountain Resort, 2008 ABPC.pdf
Interesting case!

How do we open this PDF?

 

[TUGBrian]

you dont until a valid link to it is provided.

 

[Spark1]

Lydiatt v. Banff Rocky Mountain Resort, 2008 ABPC.pdf
Interesting case!

The link is invalid, aden2 needs to provide a valid link in order for anyone to access the file.

 

[teedeej]

Link to Lydiatt v. Banff Rocky Mountain Resort file. 39 KB.

[I've checked this via Malwarebytes, and it tested okay. - Makai Guy]

 

[aden2]

Aden2 would you please redo this so we can open the PDF. This would be great if we can post this on Facebook so every one on social

Lydiatt v. Banff Rocky Mountain Resort, 2008 ABPC.pdf
PDF
DownloadPreviewUpload Revision

 

[TUGBrian]

looks like the latest link works! I was just able to download and read it.

 

[Spark1]

Link to Lydiatt v. Banff Rocky Mountain Resort file. 39 KB.

[I've checked this via Malwarebytes, and it tested okay. - Makai Guy]

Thanks every time owner should read this. Albertan's fall under the Fair Trading Act. I hope BC protection is the same as Alberta. It should be the same because they would go back to the original contract that was signed when the timeshare was bought.

Link to Lydiatt v. Banff Rocky Mountain Resort file. 39 KB.

[I've checked this via Malwarebytes, and it tested okay. - Makai Guy]

.

 

[servemeout]

Another collection call from California today. Violation of three strike rule in Alberta. They were then told that contact can only be by mail now and Service Alberta would be contacted. A complaint has been filed. They must be licensed in Alberta to make collection calls and it appears that they are not. The caller was Daisy. My brother had a goat called Daisy, and the goat was smarter of the two by far.

 

[condomama]

Does anyone know which building(s) this ad in this week's Columbia Valley Pioneer newspaper refers to? I'm not familiar with lot numbers. They want to turn some part of the Sunchaser complex into a hotel?

 

[Alohamom]

Googled the Lot and Plan # in this ad, came up with the Regional District of East Kootenay Planning and development Services meeting on April 6. Letter is 3/4 of the way down the agenda.

 

[Hotpink]

This application is different than the one submitted last August and September. It was put on hold because of the court case ( appeal) going on at the time. This time they want ( I say "They" and I really should say Wankel's Numbered company) wants to create a hotel in the three mentioned buildings. Which means removing the open swimming pool from the resort. Yes they will probably try and turn the 1000 thru 5000 buildings into condos and sell them off( which is what last years application was for). Doug Frey did say last August that the resort is now at 50 % . As an ordinary VIA holder( now a delinquent) and not an owner( Legacy for Life Member) I do not have a say in what Wankel is trying to do. Which from my deck chair it looks like nest feathering. In speaking with a REIT holder they have more reason to be concerned about seeing a return on their investment. Let's just accept that Wankel is going to look after himself FIRST and somehow he probably doesn't have the interests of the people who bought into the resort anywhere in his area of concern. His crosshairs appear to only on getting MONEY from anybody willing to give it to him . It is to bad that I can't be a both the court hearing in Edmonton on May 1 at 9:30 AM and make it to Fairmont for the 7:00 PM meeting. Perhaps Mr. Katz will lend us his private aircraft to fly to the Fairmont airport to attend the meeting and listen to the Engineer In Training promote this proposed Change to the previously wonderful resort.

 

[condomama]

Thanks for the replies and explanations. Feeling glum for the Terraces owners, originals on that side, caught up in all of this too. It will be interesting to read more from local newspapers and RDEK; perhaps local residents in the Riverside community will voice concerns or opinions. Feel as "blue" as the "black" buildings at Riverside.

 

[condomama]

Just reading through the April 6 application, according to the submitted drawings, it appears that the designated boundary of the application (pg 119-124) is outside of, and does not include the pool area.

 

[Spark1]

Link to Lydiatt v. Banff Rocky Mountain Resort file. 39 KB.

[I've checked this via Malwarebytes, and it tested okay. - Makai Guy]

teedeej is there a chance that you could get this link up and running again. This is very important and it shows time owners that we in Alberta can take these bandits back to court and sue them for the money they extorted from time owners using the Fair Trading Act.
Statutory Authority:
"Time Share contract" is defined under the Fair Trading Act, supra:
"s.1(1)(m) "time share contract" means a contract in which an individual acquires the right to use, occupy or possess real or personal property, whether or not it is located in Alberta,
1) for a period of time of less than one year during an interval specified in the contract, and
ii) as part of a plan that provides for the use of the property to circulate among persons participating in the plan
This is consistent with the terms of the agreement.
Why has this taken 4 years out of our life to resolve? It is all about Big Money and Judges that do not understand Time Share. I have been working with Darren Thomas at Service Alberta ph. 17804228046 and I feel every Albertans that have bought a time share to contact him. His email is. darren.thomas@gov.ab.ca Let him know the millions that will be leaving this province when that money is needed in Alberta not BC.
It would be nice if Time Share owners from BC could post how BC Protection works with them in that province. Let's hope it is the same as Alberta.

 

[Hotpink]

Condomana: Yes the pool is located in NEP 22139 District lot 46. This latest application is for NEP 71522 which encompasses the 6000-8000 buildings. However the very odd relationship between the owner of the pool and the renter of the pool will come into play at some point. I have in my quite vast experience of staying in hotels , motels and resorts yet to see any access to pools/facilities by others that were not staying at the establishment.
If you look at their December 31 2011 notes to financial statements on page 10 under lease commitments what is stated is that THE RESORT ( SUNCHASER ) is committed under lease for $63,700.00 per year and the note further says "The water Park lease is with a company related to the property manager by virtue of common directors". What does that mean? Sunchaser pays Northmont or Northwynd for the lease and if they are successful in turning 6000-8000 into a hotel and operating it as such under an undisclosed name. WHO gets to use the pool leased and paid for by Sunchaser?

Believe me this is just another plan to extract money from the facility to the benefit of a/the director(s) and not the lessees. Just another wonky wankel endeavour

 

[Spark1]

Condomana: Yes the pool is located in NEP 22139 District lot 46. This latest application is for NEP 71522 which encompasses the 6000-8000 buildings. However the very odd relationship between the owner of the pool and the renter of the pool will come into play at some point. I have in my quite vast experience of staying in hotels , motels and resorts yet to see any access to pools/facilities by others that were not staying at the establishment.
If you look at their December 31 2011 notes to financial statements on page 10 under lease commitments what is stated is that THE RESORT ( SUNCHASER ) is committed under lease for $63,700.00 per year and the note further says "The water Park lease is with a company related to the property manager by virtue of common directors". What does that mean? Sunchaser pays Northmont or Northwynd for the lease and if they are successful in turning 6000-8000 into a hotel and operating it as such under an undisclosed name. WHO gets to use the pool leased and paid for by Sunchaser?

Believe me this is just another plan to extract money from the facility to the benefit of a/the director(s) and not the lessees. Just another wonky wankel endeavour

At this stage i do not feel the pool matters one bit. Who in their right mind would want to be a time owner in this prison under Kirk Wankel. The Time Share owners would always be his BANK with the backing of BC's court system. Can you imagine the court system feeling sorry for Collin Knight falling on hard times in 2008 and collecting maintenance fees from over 14000 time share owners at the same time. Maybe his oil company was set back some but that is Alberta i have seen bad times in Alberta at least 5 times in my life. This resort has been a scam ever since Collin Knight has taken it over. They did not give a dam about time owners we were their Bank period.

 

[truthr]

In response to those wanting to see the PDF document that someone earlier tried to link to and others have also tried - the reason that the link does not work is that someone tried to link something that is in a "Secret" Facebook group that I started and manage. Obviously that person is a member of my group - please do not share anything from those files without my prior approval. The PDF file is a public document and not of a confidential nature so I would be more than happy to share it here.

I have attempted to upload the PDF file directly from my laptop but get an error message. I have sent an email to an administrator of this site.

 

[Just Looking Around]

just another plan to extract money from the facility to the benefit of a/the director(s) and not the lessees. Just another wonky wankel endeavour

One Director, Kirk Wankel.