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

[Just Looking Around]

"...difficulties faced by the Resort including, but not limited to: the general state of the time share industry, rising delinquency, the Resort's aging ownership base, and the delinquency from the necessary renovation invoice." (Kirk Wankel, April 10, 2017, NOTICE: AMENDMENT TO ALL AGREEMENTS.)

Mr. Wankel missed three difficulties faced by the Resort. (1)The inability or unwillingness of Management (Kirk Wankel) to operate the Property in a manner that provides even an approximation of a Resort Quality Guest Experience. (2)The failure of the Management (Kirk Wankel) to perform their timely due diligence on the structural integrity of the Property's buildings and lands. (3)The foolish, reckless and cavalier acquisition of over-valued properties (House Boats included) in disparate countries each with a different government, legal and tax framework, by a Management proven incapable of managing even one property in a country as stable and consistent as Canada, let alone Belize, Mexico, and Hawaii.

"...necessary renovation..."? I don't think so! It was just one option. One of the other options being to liquidate the Property and save us all from this protracted desperate dispute. Do we lose? Yes, we the VIA holders lose. But, I scientifically surveyed a sample of VIA holders and the survey says: The number one answer - there was only one answer - 100% would have preferred to liquidate the Property and pay nothing more while gladly surrendering all future vacations, which would be at a non-resort anyway, as opposed to paying an unlimited amount of money over the remaining years of the contract because of the ill-conceived renovation of Kirk Wankel's.

 

[Just Looking Around]

One of the people I surveyed was at the Geldert Town Hall in Edmonton recently. They said that one question asked was about the monies collected from those who paid to leave. My source recalled the number offered was about $22-million but, he couldn't reconstruct the calculation. The questioner at the Town Hall assumed it had gone to those who had invested in the REIT. Apparently, it didn't go to them. Some of those investors were there and they emphatically denied having either received the money or, an accounting for the money. So where did it go? Only Kirk Wankel knows for sure.

 

[Spark1]

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.

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.

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.

truthr phone Geldert Law. He has a copy of that PDF. I will phone Patricia and ask her to forward that PDF to you. It is very important that your group gets to read this document.

 

[Spark1]

Truthr Phone Geldert Law and have Patricia forward this PDF to you

 

[truthr]

Truthr Phone Geldert Law and have Patricia forward this PDF to you

Thanks Spark1, but I have the document and was saying that the person who tried to share it here obviously attempted to share it from my "secret" Facebook group files.
What I was referring to about uploading it is that I had attempted to upload here on Tugbbs for others to have access to it, but have now forwarded it to the Administrator Brian as his post requested so that he can make it available here on Tugbbs.

 

[Real World]

Is anyone familiar with the case "Edwards v Resort Villa Management Ltd, 2015 ABQB 424"

 

[truthr]

Is anyone familiar with the case "Edwards v Resort Villa Management Ltd, 2015 ABQB 424"

Here is a link for more information about it.

https://www.canlii.org/en/ab/abqb/doc/2015/2015abqb424/2015abqb424.html

 

[Spark1]

Here is a link for more information about it.

https://www.canlii.org/en/ab/abqb/doc/2015/2015abqb424/2015abqb424.html

I am still reading over our time share contract to see where special assessments are part of this legal document. I can not see where we have any legal interest in the property being buildings and land what so ever. These Time Share contracts were approved by both Service Alberta under the Fair Trading Act and in BC under service BC . In my opinion this was created by Justice Loo in BC and the Cancer has noww spread to Alberta. Why was Northwynd rewarded with this resort without having a forensic audit done on FRPL first. Why would a Alberta Judge put Time Share Owners in the position we are in now and have no respect what so ever what we paid up front just to get into this timeshare. These judges have no respect for seniors. Why do we have Time Share contracts? Wankel designed this and the perfect outcome of this having Justice Loo help with this fraud with her decision was have all of the time owners Cancel. The court rooms in Alberta and BC could be used more wisely for more important and serious cases than treating Time Share owners majority being seniors like we are criminals. We know who the criminals are. Many seniors caved in not because they did something wrong they caved in because they could not stand the pressure from all of this. Wankel new this. If the judges would of stead out of this this would of been settled by now.

 

[GypsyOne]

The more one sees this drama unfold, the more it looks like the institutionalized scam of the century. It has all the characteristics to make it very possible and very profitable for the perpetrators:

1. A valuable property in a popular vacation location where people with money are likely to visit and want to be a part of.
2. A property that generates multi-millions in revenue that the manager can rake off exorbitant management and other fees while barely staying within the intent of the contracts.
3. A large number of geographically diverse victims that makes organization and resistance to questionable business practices difficult.
4. Perpetrators who are able to use the victims’ own money to fight and further victimize the victims.
5. A compliant and arguably corrupt court system backing a Provincial government supporting a provincial business that does not want a major tourist attraction to fail.
6. A group of opportunistic resort owners and managers willing to violate their fiduciary duty to work in the best interests of the customer and with a major objective to enrich their own bank accounts at the expense of the timeshare owners.

But, one suspects they have underestimated the will of the timeshare owners to fight back for justice.

 

[Meow]

Thank you, GypsyOne, for your accurate synopsis of the situation many of us have fallen into. We never realized the risk one takes on when buying into a timeshare. It can be much more that just walking away from your initial investment. The timeshare industry is rife with cheats and get rich artists. What started out with great holidays to Fairmont and exchanges to exotic winter getaways became an overpriced encumbrance then a financial nightmare. My only advice to people with timeshares is to have an escape plan. The time to bail is when things are still going well. Don't wait till things start to go downhill and the sharks take over!

 

[Never Give Up]

SUNCHASER RESORT in FAIRMONT B.C. CANADA.

I would caution you to investigate if this was a place you were thinking of staying at.

FACT: The owners of this resort have harassed, threatened & now sued the "time" share owners since they bought & took this resort over.

Not only have they let the resort fall into poor condition they are now suing thousands (1,000's) of people so that they can fix up a couple of the buildings & sell them off to make themselves a tidy profit.

Yes they want to do this so they can make a profit off of other people's backs. Many of which are retired elderly people.

FACT: Sunchaser Resort has already applied for the place to be re-zoned.
I suggest anyone living in this area might want to look into this until you are confident it won't hurt your property values and/or lawful use and enjoyment of your own property.

If you have relatives or friends that stay here, spread the news and let them decide on the facts.

We did not buy into the actual property here at Sunchaser. We are not owners of the buildings or the land. That was all supposed to be "supplied to us" under contract, in good faith and in good condition (a resort).

In our opinion plus that of our Lawyers; they (Sunchaser Resort) have breeched their contracts, 1000's of them!

We bought the right to use the "time" allotted to us at this resort each year, nothing more.

The resort owner (Sunchaser Resorts & Northwynd Resorts) thinks that he does not have to pay for anything. He feels that "time" owners should pay for everything he owns even the capital costs (that are the property owner's responsibility).

Imagine paying to stay at a resort or hotel.
(you bought the right to use the resort or room for the days and nights specified) and this happened to you!

The resort starts to threaten you. They send bill collectors after you even when nothing has been decided in court. Then they try to sue you and 1,000's of others for millions & millions of dollars for repairs to their faulty buildings! All along while they have refused to maintain the place.

We were told by their staff (dumb I know) that we would save money on vacations for the future.
That's what they promised us! Not just one or two of us - thousands of people!
The fact of the matter is that now we learn it would be much cheaper to stay at a hotel at the regular rack rates.

Case Law from this court case could affect hundreds if not thousands of other resorts even outside of Canada.
Unfortunately one resort like this can result in a reputation for the whole resort industry. Especially time share resorts.

He (the owner) wants us to pay for faulty construction repairs, issues that they knew about before they even bought the resort!
They still bought it?

Their previous history with other resorts in this industry is starting to become more evident. Have a look and Google them.

FACT: He says we now owe him approx. $50 million dollars!
He has dug himself into a deep deep hole if he thinks the rest of us are going to pay.

You can make your own decision whether this is a place (a business you want to deal with) that you want to stay at or support.

Google their names:
Look at their corporate and individual history with other businesses and other resorts.
Get the full story for yourself.

Heres one good link to start with there are many others:
http://www.columbiavalleypioneer.com/?p=17110

If you want to, you could be reading about complaints and issues on this place for hours.
Perhaps one day someone will write a book or even make a movie about this joint.

Thousands of others have made their decision about this place.
Those sued by Sunchaser are decent people. Many of them elderly & now retired.

Many that could potentially lose all their retirement savings! I'm told some already have.

Apparently many people have already paid him thousands & thousands of dollars already.
They paid because of his threats, they thought they had to pay, so sad.

Last time I drove by (2016) it was looking like a run-down ghost town.
Besides that there are no more houseboats, no more motorhomes (to trade as promised) and the fact all the other resort locations (that they owned and offered us) are now gone too.

Where did all this stuff go?
It was all there when we paid our money.

Perhaps you will enjoy staying here?
Or, perhaps you will want to find something else for your family just up the road or across the street. You decide.

If you do decide to stay here, I would recommend that you drive by first & have an actual look at the the resort.
As a prudent consumer you want to make sure you know what you are getting into and protect your deposit.

This story gets sadder all the time & there's much more that could be added to this.

Personally if I were staff working at this resort I would be wondering if I was going to see my next paycheque?
It's not over, the court battles continue and likely will for some time maybe even years until Sunchaser backs off!

WE WILL NOT EVER GIVE IN TO THEM OR COME BACK!

 

[Alohamom]

Does anyone know how the rezoning meeting went in Fairmont on May 1?

 

[Real World]

Does anyone know what the outcome of the case that Justice Young presided over?

 

[Never Give Up]

Does anyone know what the outcome of the case that Justice Young presided over?

Its not finished yet. The next date will be June 28, 2017.

 

[Never Give Up]

Does anyone know how the rezoning meeting went in Fairmont on May 1?

Last I heard a bunch of us plus our Lawyer have opposed this and expected it to be set over. Waiting to hear if that happened. I expect and hope it was set over until the court battles are settled which could be a long time.

 

[GypsyOne]

NeverGiveUp....What's happening on June 28, 2017?

 

[Never Give Up]

NeverGiveUp....What's happening on June 28, 2017?

I havent had it confirmed yet, but the Edmonton hearings are being continued for final arguments June 28th.

 

[truthr]

A few people tried to share a link about another case and the link did not work because it led to my "secret" Facebook group, then I sent it via email to an admin but for some reason he did not post it. Here is the public link about the Lydiatt V Banff Rocky Mountain case in 2008

https://www.canlii.org/en/ab/abpc/d...tocompleteStr=2008 ABPC 333&autocompletePos=1

 

[servemeout]

I have just had a conversation with an investigator with Service Alberta concerning the collection calls from TCM. She has asked that if anyone else is getting collection calls from TCM that they file a complaint if you live in Alberta. She has been in contact with them and will be following up on this situation. This was for the MF at LOR.

 

[servemeout]

Service Alberta has confirmed that TCM is not licensed in Alberta as of June 15,2017. The agency and all collectors must be licensed in Alberta to make collection calls in Alberta.

 

[owner1]

Everyone will have their savings gone. You talk about the poor owners that are being harassed into paying their fees. The owners on this site are causing all of us money. Legal fees, no annual dues paid. You are the weasels. You cannot find information thats on the site. The legacy owners were given a reduction in the amount paid to leave or stay. You are posting the bad reviews. If you think you owe to much money now, wait till you cause the bankruptcy of YOUR PROPERTY.

 

[servemeout]

Owner1 - The Timeshare is not my property. Not now or ever. We only "share time". The property is owned by the same "mastermind" behind the "let's tell the time owners that they owe for ALL of the resort to be renovated", but everyone now know that that is not going to happen. There is no chlorine in my gene pool, unlike some others. I have paid my share of legal fees to support my views, but will not pay legal fees to have northmont take action against us. I hope you are correct on the bankruptcy issue, as this would put this situation in a different light. I can not see any CCAA protection the second time around. Even the dumbest dog knows the difference between being stumbled over and being kicked. My opinion is bankruptcy is very possible. The court process that was started by the same no so mastermind will drag on and your maintenance fees will continue to increase. Refusal to give our hard earned cash does not make a weasel. My savings will not be gone, but we have been robbed of our paid "time share" and our 23 years of vacation time, all by the same "mastermind." Let's re-phrase mastermind to something else - warped, simple, convoluted, confused, and many others. There will be some point were owners like you will realize that the cost is too high. Are you willing to pay 2,3,4,5 thousand a year for your week in a property that you do not own.

 

[Spark1]

Owner1 - The Timeshare is not my property. Not now or ever. We only "share time". The property is owned by the same "mastermind" behind the "let's tell the time owners that they owe for ALL of the resort to be renovated", but everyone now know that that is not going to happen. There is no chlorine in my gene pool, unlike some others. I have paid my share of legal fees to support my views, but will not pay legal fees to have northmont take action against us. I hope you are correct on the bankruptcy issue, as this would put this situation in a different light. I can not see any CCAA protection the second time around. Even the dumbest dog knows the difference between being stumbled over and being kicked. My opinion is bankruptcy is very possible. The court process that was started by the same no so mastermind will drag on and your maintenance fees will continue to increase. Refusal to give our hard earned cash does not make a weasel. My savings will not be gone, but we have been robbed of our paid "time share" and our 23 years of vacation time, all by the same "mastermind." Let's re-phrase mastermind to something else - warped, simple, convoluted, confused, and many others. There will be some point were owners like you will realize that the cost is too high. Are you willing to pay 2,3,4,5 thousand a year for your week in a property that you do not own.

Everyone will have their savings gone. You talk about the poor owners that are being harassed into paying their fees. The owners on this site are causing all of us money. Legal fees, no annual dues paid. You are the weasels. You cannot find information thats on the site. The legacy owners were given a reduction in the amount paid to leave or stay. You are posting the bad reviews. If you think you owe to much money now, wait till you cause the bankruptcy of YOUR PROPERTY.

I,f you want to blame someone blame Justice Loo. It is hard for me to believe she did not know that she could not rule on a special case. The other thing I can not believe is she did not know about consumer affairs for all the different provinces and the USA. If she did not she had know business handling this case. How many millions were paid out to these warped people which should not of and they should have to pay all that money back plus credit card interest. When Geldert Law won that appeal all that money should of been paid back. My hope is that all timeshare owners have agreement protection for timeshares like citizens do in Alberta. They all bought from a supplier in Calgary Alberta whether it was Collin Knight or Northwynd. We also have to go after them for legal fee costs. Did Justice Loo and Kirk Wankel know about The Fair Trading Act in Alberta? I feel they did and were hoping we all would cancel before the appeal buy Geldert. How crooked.

 

[GypsyOne]

I,f you want to blame someone blame Justice Loo. It is hard for me to believe she did not know that she could not rule on a special case. The other thing I can not believe is she did not know about consumer affairs for all the different provinces and the USA. If she did not she had know business handling this case. How many millions were paid out to these warped people which should not of and they should have to pay all that money back plus credit card interest. When Geldert Law won that appeal all that money should of been paid back. My hope is that all timeshare owners have agreement protection for timeshares like citizens do in Alberta. They all bought from a supplier in Calgary Alberta whether it was Collin Knight or Northwynd. We also have to go after them for legal fee costs. Did Justice Loo and Kirk Wankel know about The Fair Trading Act in Alberta? I feel they did and were hoping we all would cancel before the appeal buy Geldert. How crooked.

Do you know why Geldert did not use or bring up the Fair Trading Act anywhere in our defense?

 

[Spark1]

Do you know why Geldert did not use or bring up the Fair Trading Act anywhere in our defense?

That is a good question. I was the one that emailed him the Banff Rocky Mountain case and I do not know if he knew about that case before I sent it to him. The question I have for you pertains to the "Edwards v Resort Villa Management Ltd, 2015 ABQB 424" Two of the plaintiffs are senior members of the legal profession. Did they not know about the Fair Trading Act? I feel they all overlooked the Fair Trading Act and I do not Know why. That Act is very important and this should of been over at least two years ago. I know Service Alberta was bad for telling time owners when they phoned in that there was nothing they could do for them and to hire a Lawyer. That was not true and I told the director of the Fair Trading Act Darren Thomas do not tell them that and explain to them how the Act protects Timeshare Owners. What did Norton Rose know about the Fair Trading Act and the BC Consumers Act? This has cost the time owners millions and no one is responsible really.