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

[GypsyOne]

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.

Thanks. Mysteries abound!

 

[BettyBoop52]

What a mess. My heart goes out to those fighting Northwynd and I wish you all the best luck possible. The Hillside units were so beautiful back in the late '90s when we bought in and it's a shame to hear that they're so derelict now. I don't know how the resort owner(s) can sleep at night knowing that they've scammed so many people. I'm glad we opted to pay the "exit fee" and are done with these cheaters (as pensioners living on fixed income, we didn't think it would be financially feasible for us to do battle with a big corporation) but it still makes me angry to think that we lost all that money and they unfairly profited from us. I hope it's true what they say about Karma.

 

[GypsyOne]

What a mess. My heart goes out to those fighting Northwynd and I wish you all the best luck possible. The Hillside units were so beautiful back in the late '90s when we bought in and it's a shame to hear that they're so derelict now. I don't know how the resort owner(s) can sleep at night knowing that they've scammed so many people. I'm glad we opted to pay the "exit fee" and are done with these cheaters (as pensioners living on fixed income, we didn't think it would be financially feasible for us to do battle with a big corporation) but it still makes me angry to think that we lost all that money and they unfairly profited from us. I hope it's true what they say about Karma.

It will be difficult to get justice in B.C. who does not want a major tourist attraction to fail and with a compliant legal system that knows the rules of the game. A much better chance for justice to prevail in the rest of Canada.

 

[truthr]

For anyone who is a client of Geldert Law and is not currently a member of the "secret" Facebook group for clients only, please contact me to find out how to become a member.

 

[truthr]

There has been some new documents posted on the Sunchaser website, here are the links for anyone who is interested:

https://sunchaservillas.ca/renovation-program/court-proceedings/

https://sunchaservillas.ca/owners/financial-reports/

 

[Spark1]

There has been some new documents posted on the Sunchaser website, here are the links for anyone who is interested:
Northwynd and Norton Rose try to paint a picture like they did everything right. If that was the case why has this taken 4 years to resolve and who knows how many more years. Here are my reasons why this has taken so long.
We do not trust the justice system. When there are 18000 timeshares there should of been a forensic audit done before anything else. What protection did us timeshare owners have before this resort was turned over to the new owners. We had a right to know what went on with that resort when Collin Knight owned it before there was a new owner. We are the ones paying the bills not Northwynd. When Justice Loo made her judgement on a special case and she should not of were all the time owners that paid contacted and given the option to receive their money back. I know if I paid I would of wanted that option. Northwynd are you saying that the 43% that cancelled were in favour of allowing you to move buildings out of the timeshare I do not think so. Northwynd what respect have you got for our legal documents called our contracts I know none. What respect do you have for all the consumer protection documents that we all signed and Collin Knight witnessed. I know none. Northwynd did you even care about the thousands of dollars that us time owners are out because of you greedy people. If I was running this show I would of personally worked with the timeshare owners and gave them a voice in how to turn this resort around. You think you are the only business people believe me you are not. I bet there was many successful time owners that would of made this work and I know many owners hated what you people have done and just recent you. You are discussing greedy humans. This was a great timeshare and we were paying plenty? Where did the money go?
https://sunchaservillas.ca/renovation-program/court-proceedings/

https://sunchaservillas.ca/owners/financial-reports/

 

[truthr]

Just want to clarify - I don't know what Spark1 is doing that doesn't separate what I said and what they said but I did not say everything that is within the above quote, for clarification please see my post above Spark1's attempt to quote me and respond.

 

[sad_world]

Greetings everyone,

My poor aunt's situation just went from nightmarish to potentially life-ending because of these parasites. She lives in the U.S. and has now had someone attempt to serve her papers from Northwynd. Her sister was house-sitting for her, so the papers weren't served, and we don't know what they were exactly.

How does a Canadian company serve papers to a U.S. citizen? Can they extradite, or do they summon you to a Canadian court? Are the papers they're currently serving a summons to court, or simply a bill? I'm hoping others here have any info or guidance for my aunt, as the amount of money that Northwynd is trying to take from her will ruin her.

My aunt is suffering from early stages of Alzheimer's and can't really provide me much background information, so I don't know if she joined any of the class action lawsuits in the past.

Truthr, I would love to be able to join your facebook group but don't see any way of sending you a direct PM on this forum.

To others, if anyone knows what sort of paperwork they're sending to U.S. citizens and what to expect when my aunt eventually gets served, I would appreciate any information to help her avoid financial annihilation.

To Northwynd, if any of you read this forum, I hope there's a very special place in hell for you all. What you're doing to helpless and elderly people is unconscionable. Kirk Wankel, I hope someday to make it to Canada and let everyone in your town know what a horrible, heartless piece of garbage you are. Shame on you.

 

[truthr]

Greetings everyone,

My poor aunt's situation just went from nightmarish to potentially life-ending because of these parasites. She lives in the U.S. and has now had someone attempt to serve her papers from Northwynd. Her sister was house-sitting for her, so the papers weren't served, and we don't know what they were exactly.

How does a Canadian company serve papers to a U.S. citizen? Can they extradite, or do they summon you to a Canadian court? Are the papers they're currently serving a summons to court, or simply a bill? I'm hoping others here have any info or guidance for my aunt, as the amount of money that Northwynd is trying to take from her will ruin her.

My aunt is suffering from early stages of Alzheimer's and can't really provide me much background information, so I don't know if she joined any of the class action lawsuits in the past.

Truthr, I would love to be able to join your facebook group but don't see any way of sending you a direct PM on this forum.

To others, if anyone knows what sort of paperwork they're sending to U.S. citizens and what to expect when my aunt eventually gets served, I would appreciate any information to help her avoid financial annihilation.

To Northwynd, if any of you read this forum, I hope there's a very special place in hell for you all. What you're doing to helpless and elderly people is unconscionable. Kirk Wankel, I hope someday to make it to Canada and let everyone in your town know what a horrible, heartless piece of garbage you are. Shame on you.

Hi Sad World - I have sent you a private message, which on this site is classified as a "conversation".

 

[Spark1]

Greetings everyone,

My poor aunt's situation just went from nightmarish to potentially life-ending because of these parasites. She lives in the U.S. and has now had someone attempt to serve her papers from Northwynd. Her sister was house-sitting for her, so the papers weren't served, and we don't know what they were exactly.

How does a Canadian company serve papers to a U.S. citizen? Can they extradite, or do they summon you to a Canadian court? Are the papers they're currently serving a summons to court, or simply a bill? I'm hoping others here have any info or guidance for my aunt, as the amount of money that Northwynd is trying to take from her will ruin her.

My aunt is suffering from early stages of Alzheimer's and can't really provide me much background information, so I don't know if she joined any of the class action lawsuits in the past.

Truthr, I would love to be able to join your facebook group but don't see any way of sending you a direct PM on this forum.

To others, if anyone knows what sort of paperwork they're sending to U.S. citizens and what to expect when my aunt eventually gets served, I would appreciate any information to help her avoid financial annihilation.

To Northwynd, if any of you read this forum, I hope there's a very special place in hell for you all. What you're doing to helpless and elderly people is unconscionable. Kirk Wankel, I hope someday to make it to Canada and let everyone in your town know what a horrible, heartless piece of garbage you are. Shame on you.

Sorry to hear what is happening to your aunt. I would recommend you to get a hold of consumer affairs in the state that your aunt is from and they will be able to tell you if a company from Canada can legally do this. Find out if they need a licence in her state and if you have to talk to the governor of that state. In Canada consumer affairs is different from province to province and it might be that way in the USA. Ask Consumer Affairs in that State how Timeshare Owners are protected if they buy in another country. I feel when Justice Loo made the decision when she did and should not of many of the timeshare owners would not of paniced and paid. Northwynd immediately collected millions when they should not of. This hurt our case and it makes you wonder do judges protect judges. Be smart and keep your money. This case is far from over. Remember we own nothing but time not real estate. When they can show me my name on the land title at land titles I might consider but I do not agree with who the Alberta Judge turned the resort over to without a forensic audit.

 

[sad_world]

Question to everyone: does anyone else on this board have recent experiences with someone attempting to serve you papers from Northwynd?

Truthr, thank you, I will check that now.

Spark1, thank you and bless you for the comforting words, which I need right now as I'm in full meltdown mode over this thing. Good reminder to take a breath, recognize that there are good people and institutions out there to protect the little person, and to remember that this sort of situation does move slowly and it's not over yet.

I actually spent about 8 hours yesterday trying to catch up on the previous 89 pages of this thread, haha. On page 7, user THE AVENGER made a most interesting post, especially this section, which feels to me like the origin story of the metastasizing of this cancerous nightmare (emphasis mine):

http://tugbbs.com/forums/index.php?...-with-lawsuit-info.182857/page-7#post-1465396

"1. Who are we dealing with?
As I understand it!
Several years ago (6 or 7) we were offered an investment opportunity by a group from Fairmont called FRPL (Fairmont Resort Properties Limited) which promised to pay 12% on our investment. The key presenter of the scheme was Ed Nochalt. Colin Knight was there as well as others of the Fairmont group. We never invested but several people invested large sums into this plan. Some I know personally invested $100,000-$150,000 and much more. Interest payments were made for a few months then stopped. When Fairmont went into receivership, several of these investors (whom I know personally), formed a company called Northwynd and took over the assets of Fairmont. They knew nothing about running a timeshare company so left the same administration in place (who had run it into the ground by skimming large sums into their pockets).
These investors (Northwynd), have devised a scheme (using a very clever lawyer) to recover some of their investment. The cash call for refurbishing will likely be funneled off to these investors by calling it repayment of loans or payments to creditors. This may be legal from the so called trust funds. There are no indications where the funds from those who are opting out will be allocated to. They are to go to a trust account of the lawyer. What are the conditions of this trust and what is it for? I understand it will go into the pockets of the Northwynd investors group."

 

[sue1947]

Sad_World:
Some perspective for you: a woman in the early stages of Alzheimers is essentially judgement proof. You need legal advise from a lawyer, not timeshare owners on an internet website. An hour of time will, I believe, allay your fears and put this behind you. The lawyer can advise you on what course is best for her given her needs for care and how bankruptcy might impact that care. Other than the care situation, she no longer needs credit. So first check with a lawyer and then tell Northwynd to take a flying leap (possibly on the lawyers letterhead).
This sounds like bully tactics on Northwynds part to scare people into giving them more money.

Sue

 

[sad_world]

Thank you Sue, it is always wise to take advice on the internet with a grain of salt. Half the people who go to WebMD with a case of the sniffles comes away convinced they have inoperable brain cancer.

Again, my main concern is what exactly the summons is. Is it simply a bill for dues owed, that Norhtwynd is sending out through certified summons agents, so they can prove that people know they owe money? Or is it an actual summons to court. That's the piece of info I was hoping to get from, perhaps others here who have actually been served.

The two points of stress here are - not knowing what the summons contains makes it difficult to consult with an attorney before my aunt is served. And the fact that my aunt's record keeping is so chaotic, I can't collate enough past information to provide an attorney so they have the full backstory.

I will also contact the lawyer who handled the class action suit in order to see if my aunt had joined that back before she lost track of reality.

I really appreciate everyone's input more than I can possibly express. This is the most horrific, Kafkaesque thing I have ever experienced within my extended family. Who would imagine that a friggin' timeshare company could inflict more terror in the hearts of such a large group of people than ISIS or the Mexican drug cartels.

And again, if anyone has been served in the last week or so and has information on what the served papers contain, that would be very helpful. Feel free to message me directly if you don't want to discuss it publicly.

 

[servemeout]

After getting our last update (we are part of the rotten delinquent group), I did a few calculations. Keep in mind all of the communications that we have been sent by Northwynd. Renovation fees was for ALL units to be done. Northwynd wants to remove 138 units of 250 units. Here is the math: 138 units x $4,000 per unit x 50 weeks = $27,600,000. We made the correct decision not to pay. How long will the "resort" survive?

On another note, we also purchased at LOR. On Good Friday the collection calls started from TCM for LOR fees. After exceeding the number allowed calls in a seven day period, I contacted Service Alberta. Presently there is a Director's Order issued by Service Alberta on June 21, 2017. The Order focused on TCM not being licensed in Alberta. There is no record that TCM filed an Appeal which should have been done by July 27/17. You have rights concerning collection agencies. The Act also allows you to demand an accounting of your account. Part of the accounting requires that they supply the name of the owner. The timeshare interests was not part of the initial sale of the LOR property. So much for the baloney that we were given that the Calgary office was collecting on behalf of the new owners. What a deal - collect the maintenance fees for LOR but do no maintenance. We were even offered that Northwhatever would forgive the interest if we paid by a certain date. The common theme is collect the money and do nothing. Collect money for Sunchaser, collect money for LOR and if you do not pay we will sue you for your first born. Personally go ahead and keep the first born, and I will not ask for a buy back residual at age 18.

 

[LifeIsNotAVideoGameWanker]

Question to everyone: does anyone else on this board have recent experiences with someone attempting to serve you papers from Northwynd?

We were served in June with a notice of civil claim that outlines the plaintiff's arguments and what they are looking for as a resolution. We ignored it because the civil claim was filed in BC Supreme Court (because we don't reside in Alberta or BC apparently) over 1 year ago, so the civil claim was expired. Haven't heard anything since. If it was for BC supreme court, you can search their online database to see when the claim was filed at https://justice.gov.bc.ca/cso/esearch/civil/partySearch.do You can purchase a copy of the claim for $6.00. I think the other court have similar databases on the Internet.

 

[truthr]

If anyone here is a client of the Geldert Law litigation group and not a member of the Facebook "secret" group and would like to join the group please send me a private message either here through this site or on Facebook (Truth Renaissance).

 

[J's Garage]

Well here's the latest piece that continues to add to the setback. It's from almost 2 weeks ago and there hasn't been much mention of it yet.

The Alberta decision has been released and it's not good news


" For the reasons that follow, I am satisfied that the Amended Dispute Notes and Counterclaims of the Defendants should be struck for being res judicata, an abuse of process and vexatious. Further, I am prepared to grant judgment to the Plaintiff in the amounts claimed in the Amended Civil Claims, subject to the issues of costs, interest, and expiration of civil claims, as I will detail in this decision."

https://www.canlii.org/en/ab/abpc/d...l?autocompleteStr=northmont&autocompletePos=1

 

[J's Garage]

Are there any other social media sites that group members may be discussing the reactions to the latest events? It would be comforting to be able to know how others are planning on addressing the latest announced decision.

Are there other consumers who are not part of the Geldert file who are trying to understand how they can be affected?

 

[Spark1]

Are there any other social media sites that group members may be discussing the reactions to the latest events? It would be comforting to be able to know how others are planning on addressing the latest announced decision.

Are there other consumers who are not part of the Geldert file who are trying to understand how they can be affected?

Yes we know of a club it is called Northwynd/BCJudges/AlbertaJudges/extortionClub and they are looking for members like you. They are deciding what other capital costs they need to collect on they are looking at adding a new air strip to the resort and what they need to charge each time Share owner seeing this is part of the resort. This will be easy to enforce because Northwynd was able to bypass the Time Share Contracts or VIA’s and petition the Supreme Court to pull off their Extortion and they did not even discuss this with the time Share owners. They were able to convince these judges that the last bankrupted owner did not charge enough on their maintenance fees and that is why the resort is in the condition it is in. They were able to pull this off without having a forensic audit and the time Share owners will never know where their maintenance money went. Northwynd and their Judges showed the time share owners that they did not have to breach their contracts all they had to do is petition the Supreme Court in BC have Justice Loo make a error on deciding on a special case. Have many time Share owners drink the koolaid and the rest of the judges protect her decision. The only justice time share owners will ever have is a case where a judge will understand our contracts. This might have to be done with the Supreme Court of Canada because we will never get justice in BC or Alberta unless we get the educated judge that understands consumer protection. This is my last post.

 

[J's Garage]

That's not overly helpful. Is it not your lawyer's job (and charge) to enter into the courtroom the points of the contracts for the judge to understand them? With the BC appeal being thrown out, what is the next action?

I have read some of the court documents. This legal plan in action is absolutely frightening to think of it reaching the Supreme Court of Canada.

"... I observe that the courts in this province have proceeded on the basis that the test case would resolve all liability issues. Certain issues, which arguably could have been put in issue, were not put in issue...."(emphasis added)

 

[J's Garage]

The recent Goldberg decision (BC) appeal that was dismissed Nov 10, 2017.

https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca404/2017bcca404.html

 

[DaveO]

Am I reading this correctly? Because of decisions that Geldert and JEKE made now everyone is screwed??

"......The Court concluded that the judge did not err in failing to consider the parties’ intentions in circumstances at the time the agreement was made as it might have done if JEKE had pleaded that the contracts were standard form contracts. It is evident that the Courts have proceeded on a certain premise that is inconsistent with the position that the appellants now seek to advance."

 

[Real World]

Am I reading this correctly? Because of decisions that Geldert and JEKE made now everyone is screwed??

"......The Court concluded that the judge did not err in failing to consider the parties’ intentions in circumstances at the time the agreement was made as it might have done if JEKE had pleaded that the contracts were standard form contracts. It is evident that the Courts have proceeded on a certain premise that is inconsistent with the position that the appellants now seek to advance."

I am not sure that the decisions that Geldert and JEKE made screwed everyone.......it may be reasonable to think that the issues raised in and decided by the courts with regards to the Geldert/JEKE litigation have been dealt with some finality.

I am not a lawyer but I do expect that if there was any chance of a more favourable outcome focused around standard form contracts the respective legal councils would have advanced that issue aggressively right from the outset.

Perhaps the only course of action remaining is the Supreme Court.

"Most appeals are heard by the Court only if leave is first given. Leave to appeal is granted by the Court if, for example, the case involves a question of public importance or if it raises an important issue of law (or an issue of both law and fact) that warrants consideration by the Court. The Court’s decision whether to grant leave to appeal is based on its assessment of the public importance of the legal issues raised in the case in question. The Court thus has control over its docket and is able to supervise the growth and development of Canadian jurisprudence."

 

[Spark1]

I am not sure that the decisions that Geldert and JEKE made screwed everyone.......it may be reasonable to think that the issues raised in and decided by the courts with regards to the Geldert/JEKE litigation have been dealt with some finality.

I am not a lawyer but I do expect that if there was any chance of a more favourable outcome focused around standard form contracts the respective legal councils would have advanced that issue aggressively right from the outset.

Perhaps the only course of action remaining is the Supreme Court.

"Most appeals are heard by the Court only if leave is first given. Leave to appeal is granted by the Court if, for example, the case involves a question of public importance or if it raises an important issue of law (or an issue of both law and fact) that warrants consideration by the Court. The Court’s decision whether to grant leave to appeal is based on its assessment of the public importance of the legal issues raised in the case in question. The Court thus has control over its docket and is able to supervise the growth and development of Canadian jurisprudence."

The question is why did this get so complicated? The Lawyers got rich off of innocent time Share owners mostly seniors. Does the Trustee have the right to petition the Supreme Court to cause this unfair practice and disrespect for our Time Share Contracts. Show me using my 2002 contract where it says I have any legal interest whatsoever in the vacation units which would give them the right to charge this Special Assessment. They talk about the Trust Agreement that was never brought up when we went over our contract at the resort. Why did we not get a copy of this. Where can we get a copy so we can read where the Trustee has the right to do this and over ride our VIA’s. Did this Trustee take part in this cancellation agreement? As a reminder,until the Cancellation Agreement is accepted and approved by Northmont Resort Properties Ltd.,you will continue to be the owner of your VIA and responsible for the obligations therein. That is great you pay all that money and never know when you are released from the resort and you do not know how much more you are going to have to pay. Did the Judges read this this can not be legal. If the VIA Contracts read this way their is no need for this Trustee to petition the Supreme Court is there? We all now have the right to a copy of that Trust Agreement. We all fall under the office in Calgary seeing BC protection and the Office of the Superindent had northing to do with this. I call this a unfair practice. The unfair practice is made or received in Alberta and involves a supplier’s representative. Every one should Phone Darren Thomas the Director of The Fair Trading ACT and it does not matter where you live Because Northmont’s Office is in Calgary Alberta not BC. Insist on having a investigation pertaining to this unfair practice. Phone. Darren at 1-780-422-8046. And his email is. darren.thomas@gov.ab.ca
I do not care how much Northmont has to pay out they own the property not me. We pay maintenance fees designed by the manager period.

 

[Spark1]

First of all I can not comment on how things are going to work out for co-owners. I have talked to a co-owner and when this person bought she was told the buildings were in great condition and the two bank accounts were in great shape. Was that a sales pitch I do not know. Our time is a (right-to-use)timeshare,which refers to a Lease Like Agreement. In this type of timeshare your lease expires after a specified time and you have no Property Ownership Rights in the Property. Why did the Trustee think we were responsible to pay 4100.00 per 2bedroom sleep 8 or 3100.00 per 2 bedroom we do not own the property. Who designed this cancellation agreement? You are not cancelled. If the Trustee did this what did Northmont promise him? What do these Judges Know about timeshare. I feel the Lawyers Know little about timeshare also and it has cost us lots. Use the CONSUMERHANDBOOK.CA and read about timeshare. Also search Office of Consumer Affairs (OCA). 1800-328-6189. Canada They say a contract is binding when the following is true. The parties receive something(eg. the company receives money and you a service) in return for their promises. When we bought this timeshare we went though the Vacation Villa Lease and the Fairmont Vacation Villas Consumer Protection Agreement and we signed and had witnessed these document there was no mention about this Trust Agreement. We all need a copy of this Trust Agreement which this Trustee has used against us. I want to see in that Agreement where he has the right to petition the Supreme Court Of BC and over ride our Lease Agreement or Contracts? If he can we should of received this Resort Trust Agreement and been able to read and ask questions. We would never of bought into this timeshare knowing what this Trustee had the power to do. What was the point of having a Vacation Villa Lease Contract? Good luck and take care of Seniors they are being bullied by Northmont.