I am also booked to go to Fairmont, (June 10 and December 28). The December 28th date is my use week for 2013 and the June date is using extra points and required an exchange fee. I am not sure how they can enforce their demand for payment in this case when I booked the vacation through RCI and paid an exchange fee. I think that I will contact RCI and clarify.I said it before that Northwynd's highhanded approach of threaterning the owners means something. For this is no normal business behaviore. When you are considering your option, ask youself this question, why an alledgely trust company that was supposed to look after the owners' (trustees') interest chose to threatern the owners?
Does anyone have an answer to this? Will we get a definitive answer on June 20 from the judge or just a further delay into next Fall or Winter? Anyone even have an educated guess perhaps based on their own professional knowledge of the legal system?Court actions can take months, even years to conclude. The May 31 deadline looms; we might have to make up our minds long before we see a conclusion to this. So I'd lilke some clarification if possible from those who understand the legal proceedings and these posted petitions better than I:
- Is the judge considering his ruling now, and the June 20 court date will hear the judge's decision brought down yea or nay for the preceeding petitions?
- Or is this June court date just another 'cog in the wheel' to further discuss the ongoing arguments before the court? If that is the case, then a judges' decision - permission granted or not - could still be many months away, and by waiting past the May 31 deadline, even holding off within 90 days as some have said we could - our opportunity to get out may disappear. Thanks for clarifying the June 20 decision point.
Does anyone have an answer to this? Will we get a definitive answer on June 20 from the judge or just a further delay into next Fall or Winter? Anyone even have an educated guess perhaps based on their own professional knowledge of the legal system?
This is my concern as well...If I don't decide by May 31st, the option to pay the exit fee may not be there anymore and I'm stuck paying the reno fee and the increasing maintenance fees on a timeshare that I can't even sell. This court case could drag on forever, and in the meantime owners aren't even able to use their weeks.
I can't believe that Northwynd is giving people such a short time frame to make such large decisions and payments!
Calgary Better Business Bureau gives them a D minus rating and they said it will not be long it will be a F rating. Give them a call and check it out if you like.If you read the following document, the justice may give you the ruling on that day or give a written ruling at a later day.
http://www.supremecourtbc.ca/sites/default/files/web/Starting-a-Proceeding-by-Petition.pdf
It is not for certain that Northywynd will prevail in their petition. It is only a petition that the court hasn't ruled on yet and many of us believe Northwynd has no ground to impose the reno assessment on us.
Even if Northwynd should prevail and that's by no means a certainty when the judge sees the hundreds or thousands of owners submission, the owners still have avenues to overturn it.
Many of us believe we should not pay Northwynd one cent until we know how the judge rule on the Northwynd's petition on June 20, 2013. Should Northwynd lose, you would have wasted a few grands and give up your TS if you chose the buyout option.
If Northwynd wins, we can still appeal as this is only a petition. The reason Northwynd gives owners a tight May 30 deadline before they even know about the ruling on June 20 should tell you something sinister is in the work.
If Northwynd is a legitimate business, they would wait for the ruling on the petition before they even invoice the owners. But they invoice the owners and force the owners to pay before the ruling on June 20 tells me that they have no confidence on their petition. And if they have no confidence on their petition, why do they think they have the right to take the reno or buyout monies from the owners? Because Northwynd is not legit.
I have sent our lawyer more info from discussions and he keeps telling us to pay the cancellation fee to get out of this mess and be done with it.
I also think, how are they ever going to follow through with getting our money...are they going to take 15000 owners to small claims court and even if they get a judgement, is it really going to impact anyone's credit rating. Just my thoughts.
How much will the lawyers' fees be in the end, though? To sign up is $1000.00 'all in'. Is that just the beginning, for this upcoming June 20 hearing? Will he ask for more money to go forward from there? Just asking....
Look at your court petition you will find they are are talking about restructuring and refurbishing. Refurbishing means renovations.My lawyer in Saskatchewan says the same. He is not familiar with the law in BC but if this was in Saskatchewan he maintains they have the right to do what they are attempting. I also contacted Northwynd as I have a week booked in late June that I have paid Maintenance on. Northwynd says that if I comply with one of the options offered including the option to buy my way out I am entitled to come and enjoy my booked week. (Actually the lady I spoke to at Northwynd was very cordial and patient with me). I think the court case in June is to give them legal grounds to downsize the resort based on the leases they will have moving forward but it may include other options they are seeking. I will be making a decision over the next week on what I will do. Good luck to everyone on their decisions.
My lawyer contacted me again and said that I should pay attention to the legal opinion from Norton Rose LLP in the Legal-contract information section, under the renovation program section at sunchasers website. Here is the link
http://sunchaservillas.ca/wp-conten...nfirmingOccupancyCostsandReplacementCosts.pdf