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

[ClanMac]

G1:

Your logic defies any attack or defense on the basis of reason; and as clear as it is to us that are already there, it is nothing but a challenge to the lawyers that throw up the clouds that obscure that which is reasonable. That they do it from a perceived safe distance from the moral/legal consequences that rightly befalls those who have deliberately hurt innocent people, is a testament to their psychopathic nature. We rely on those who can see through these clouds of injustice to reveal what is truly there. And God willing, our trust is in a legal system that will ultimately find this truth.

GarryH, you will do well listening to the advice of G1.

 

[SentimentalLady]

I have recently been added to the Geldert appeal and would like to feel warm and fuzzy about the outcome: that is, departing Fairmont (reluctantly) with the least possible cost.

However, I have just spent the last hour reading through Northwynd CC's list of misconceptions on this site. All I'm looking for is the truth (and, yes, Jack Nicholson, I CAN handle the truth). These statements sound truthful. Are they?

My opinion: As far as they go - probably.

My question: Why won't they reply to the very simple questions in posts #1313, 1314 and 1315?

 

[DarkLord]

GarryH and SLady,

In addition to what G1 had said, no once did any Northwynd executives come out and tell the lessee holder why we are responsible to repair dilapidated buildings they bought pennis on the dollar. Northwynd simply hides behind the obscure language of the contract which is now being challenge by our lawyers or send out cronies like Northwynd CC or JustFact to spread lies in this forum.

If you step back and think why are the reno fee almost the same as the cancellation fee (both about $4,000 for annual owners). The only reasonable conclusion you'll arrive is that this is nothing but a scam, a money grab in the name of renovation. Northwynd doesn't care in what name, reno fee or cancellation fee, they just want to grab $4000 from each annual owner.

And once they are done, they'll either disappear or they'll sell what little left downstream to their brother Southstorm and do this scam all over again.

 

[ClanMac]

Regardless of how often Northwynd declares that it is not Fairmont, and takes no responsibility for what transpired under Fairmont's management; the leases or contracts were established with Fairmont. When Collins Barrow finally completed audits that were in breach of the timelines established in the contracts their disclaimer stated: "risks of material misstatement of financial statements, whether due to fraud or error...etc. etc." A material breach (which is serious), let alone a criminal offence of fraud, voids the contract. Therefore if the contracts/leases were already voided by Fairmont's actions, there was no further liability regardless of Northwynd taking ownership. Taking possession of invalid contracts does not make them viable just because you make all kinds of promises to take care of things and make it all better (which never happened anyway). Unless a new agreement was struck that would require your approval and authorization, they are no better than two ply!

One of Northwynd CC's misconception claims refers to breach of contract. Their suggestion is that minor or repairable breaches are not grounds for a contract to be voided. This is far from minor and definitely not repairable, and the status of the contracts in this regard was never brought to any Justice attention. Including that with the original CCAA arrangement and more recently with Justice Loo.

You know it will be front and centre with the appeal!!!

 

[Hotpink]

Four Sides

As was explained to me by whom I consider a man of considerable knowledge and quite a wit.
The law was designed by man to resolve issues among mankind and it has evolved into various forms around the world based on various issues.
Even if we research into historic times we would find that decisions made by those in power would not always reflect for the good of the whole.
One exception may have been King Solomon when he ordered that the child be cut in half and split the proceeds among the two combatting women. Most of you will know the outcome
Since then we have seen decisions made particularly in modern times when the following is what occurs.

1) the facts according to the prosecution
2) the facts according to the defence
3) What the Judge or justice hears as the facts
4 The actual story

As one justice said to me " we as lawyers take the truth/ facts and manipulate it to best suit our purposes "

Can we honestly say: if you take the time to read through the affidavits from Norton -Rose and Northwynd last spring that ALL they wanted was to get a justice to say they needed legal permission to charge us Reno fees and escape fees for Capital costs regardless of what all of the pre 2010 contracts ( from what I can perceive) addressed regarding our lessee obligations.

Beyond the ruling they decided that if we ( lessees) failed to pay they could collect these fees through collections and renege on what the contracts said would happen if we didn't pay ( read section 13 of the old contracts )

There is too many used oats in this stuff for me to even get past the smell never mind swallowing it.

It appears that Justice Loo heard only what they said and that decision is being appealed at our costs.

If any of us believe that The misconceptions thrown up by Northwynd have any validity, remember they will manipulate everything to make them look like the guys in white cowboys hats and we know that all the bad guys wore black ones.

Trusting our appeal will succeed

 

[aden2]

To Northwynd CC

You have done the Cardinal Sin!

The manner that you have treated the timeshare holders is unbelieveable!!!
I have certainly let it be known that any dealings with a timeshare company cannot be trusted. The information stated by Dorian and backed up by Collin Knight in 2007 was a joke. If I had of checked into your financial statements I would have known that Fairmont Vacation Villas was in BIG problems.

To go further your "Legacy for Life" was a desperate move to get money any way you could. In 2009 you were in bankrupcy, and 2010 you continued to promote this program. It was not until 2013 I became aware of Fairmont being dissolved and a new company with the Fairmont directors claiming victory.

I really hope that justice prevails! For myself I have sent a package to the RCMP to investigate fraud dealings.

 

[GypsyOne]

As one justice said to me " we as lawyers take the truth/ facts and manipulate it to best suit our purposes "


It appears that Justice Loo heard only what they said and that decision is being appealed at our costs.

I wouldn't rule out that Justice Loo heard only what supported her decision. My spies at the Special Case hearing report that she appeared to favour Northwynd - she allowed them all the time they needed, she listened intently, she did not contradict. On the other hand with our lawyers, she interrupted, she cut them short, and she was argumentative. Our lawyer became exasperated and asked if he could just present our case without interruption, at which point she went into a snit.

I have confidence justice will prevail. It will cost us money, but that's how the system works.

 

[no_more]

I wouldn't rule out that Justice Loo heard only what supported her decision. My spies at the Special Case hearing report that she appeared to favour Northwynd - she allowed them all the time they needed, she listened intently, she did not contradict. On the other hand with our lawyers, she interrupted, she cut them short, and she was argumentative. Our lawyer became exasperated and asked if he could just present our case without interruption, at which point she went into a snit.

I have confidence justice will prevail. It will cost us money, but that's how the system works.

and the written transcript of this hearing clearly shows the judge's inappropriate behaviour. wont be the first time this particular judge will have a ruling overturned for ignoring evidence and having made up her mind before considering all of the facts.

 

[aden2]

questionable judgements from lower courts in B.C. makes you wonder if this is what happen in the Fairmont Vacation Villas re;Northwynd transactions?

 

[ClanMac]

It is not for us to question a Judge's ruling; but rather to provide evidence in an appeal that focuses on what the Judge was not given leverage to consider with the initial ruling.

 

[aden2]

I wonder if anyone who had dealings with Fairmont's "Legacy for Life" had considered filing a complaint with the Competition Bureau? The act states the following "The Competition Act contains provisions addressing false or misleading representations and deceptive marketing practices in promoting the supply or use of a product or any business interest. All representations, in any form whatever, that are false or misleading in a material respect are subject to the Act. If a representation could influence a consumer to buy or use the product or service advertised, it is material. To determine whether a representation is false or misleading, the courts consider the "general impression" it conveys, as well as its literal meaning."

 

[ClanMac]

Don't Stop

Please don't stop looking for ways to get back at Northwynd. What you have done already is incredible. That they are guilty of fraud is unmistakable, but what is criminal and civil draws a fine line!

 

[aden2]

Part of a reply from the Federal Competition Bureau concerning Fairmont/Northwynd
- please note paragraph starting with "Due to the large of complaints ........We consider, for example, factors such as the scope of the conduct, the number of consumers and/or businesses adversely affected, the financial loss caused by the practice, the number of complaints received and the available evidence." Hopefully the Competition Bureau Canada (www.competitionbureau.gc.ca) will receive many complaints for the various contract violations.

 

[freetime]

Has anyone heard anymore is there a court date set or what is happening

 

[GypsyOne]

Has anyone heard anymore is there a court date set or what is happening

May 12th has been reserved for the appeal hearing.

 

[Tinman01]

Sunchaser resorts

My wife and I are currently being hassled by the resort for these outrages fees and would also like to know how to be involved with this lawsuit. Any help would be greatly appreciated.

 

[GypsyOne]

My wife and I are currently being hassled by the resort for these outrages fees and would also like to know how to be involved with this lawsuit. Any help would be greatly appreciated.

Contact:
Michael Geldert
Geldert Law
2704A - 930 Seymour, Vancouver, B.C. V6B 1B4

www.geldertlaw.com

Phone 778-330-7774

 

[GarryH]

Contact:
Michael Geldert
Geldert Law
2704A - 930 Seymour, Vancouver, B.C. V6B 1B4

www.geldertlaw.com

Phone 778-330-7774

It appears as if Michael Geldert is making significant progress towards resolving this issue on behalf of the Fairmont lessees. The appeal hearing is scheduled for May 12th.

For those still sitting on the fence, this would be a great time to contact Michael's office.

 

[Fly525]

Question

If my numbers are correct, approximately 3500 have paid the cancellation fees, 3500 have paid to stay and renovate and about 1000 are represented by legal counsel. That leaves 6500 Fairmont time share owners un accounted for. Does anyone know what is happening with this 6500?

 

[GarryH]

If my numbers are correct, approximately 3500 have paid the cancellation fees, 3500 have paid to stay and renovate and about 1000 are represented by legal counsel. That leaves 6500 Fairmont time share owners un accounted for. Does anyone know what is happening with this 6500?

Although these numbers are approximate, I am surprised anyone outside of Northwynd knows how many have paid to stay or go, and who are either undecided or simply ignoring Northwynd's demands and are genuinely unaware of the seriousness of the situation.

Since Northwynd is not making any of the Lessees/Owners names and contact information available to our "Fairmont Timeshare Owners Association", how are we to know what the actual numbers are, or how to reach those who need factual information in order to decide what course they should take?

 

[Meow]

Fairmont Timeshare Owners Association

I did not realize there is a "Fairmont Timeshare Owners Association", notwithstanding whether it is a legitimate entity or not.

 

[GarryH]

I did not realize there is a "Fairmont Timeshare Owners Association", notwithstanding whether it is a legitimate entity or not.

Of course there is a "Fairmont Timeshare Owners Association". The executive extends an invitation to all owners to attend its Annual General Meeting each April 1 before noon.

 

[Flaming]

we went bankrupt because of this

 

[no_more]

if you have received correspondence from Savageau and Associates ...

with a draft notice of claim looking to collect the extortion fee ... strongly suggest you get some legal advise ....

Michael Geldert
Geldert Law
2704A - 930 Seymour, Vancouver, B.C. V6B 1B4

www.geldertlaw.com

Phone 778-330-7774

This firm, along with Cox Taylor, is representing us in the litigation against Northwynd / Fairmont / Resorts West, or whatever the hell they plan to call themselves next. The number who have joined the appeal is nearing 1000 owners.

Sauvageau and Associates has an entry in the ripoff report, and there is also an article about collections in the Globe and Mail dating from 2010 where he is interviewed, he talks about working on a contingency basis, with an 85% success rate. I found this out doing a quick Google search on him.

 

[Rider Nation Rocks]

Just keeps getting more interesting

This whole episode would be great entertainment if it wasn't my neck in the noose. Those who have always mocked and ridiculed time share should be having a good chuckle. Its like a lot of things in life. It is all good until its not.

http://www.ripoffreport.com/r/CSC-C...lection-firm-screw-over-one-of-his-cli-945393

Sounds like this guy is on the run. Hopefully a better jogger than attorney. Here is hoping.