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

[LilMaggie]

It certainly should.

Unfortunately whatever Northmont did the Courts approved of it. The Courts are wrong in that. How could the Courts have said, 'If not the VIAs then who is going to pay for it.' without it ever crossing their mind that the Developer, the Owner of the Buildings and Land, has paid zero? How could the Courts have said, 'Can't blame a business for wanting to make money.' We don't blame Northmont for wanting to make money. They had a contract that described exactly how they are to make their money. We blame Northmont for making money outside the provisions of the contract.

Oh, I'm still on it.

The Courts were wrong. Geldert et. al. screwed-up but that was compounded by the Courts. How, how, could Loo and Fitzpatrick not asked the simple question, "Who pocketed the money from timeshare sales?" Or, how about this question, "If, as the Courts call it, it's a timeshare. Then if this timeshare chooses willfully to stop selling vacation intervals, is it still a timeshare?" Because God knows they had the inventory. Then, then, the Courts accepts that they have to reduce the number of buildings because ... too much inventory, like it's not the result of Northmont's actions. Well, Northmont stopped sales. That's what happens when you operate a #NAFR and fully 75% of the Leasees choose to pay-to-leave or not pay at all.

I can see Loo and Fitzpatrick eating salads in their chambers saying,
"25% chose to stay that sounds like it's a decent place."
"Oh, unhuh, we stayed at this place last summer that had a four-star rating on Tripadvisor and it was crap. So, you can't really tell by percentages and numbers and such."
"Oh ya, that Kirk fella he looks like he didn't have any friends I feel kinda bad for him."
"I hear ya, he is an accountant you know. They're good with those numbers and that long-division."
"Lordy, I had trouble with that in school. Good thing Daddy was tight with the former Premier or who knows what I'd be doing now."
"You'd probably be staying in some shabby timeshare."
...both laugh.

And, and, why did the Courts not scrutinize the overall behaviour of Northmont and their failures to comply with the Bankruptcy provisions? Don't know, well, neither do I.

Hey Barbados! That lunch conversation gave the best laugh I've had in a very long time! Thank you

 

[dotbuhler]

Would you please provide me to the link on this? I'd like my new lawyer to check this out.

Consumer Protection Act

 

[MarcieL]

Geldert isn't the only one good a 'colouring' the truth. Wankel, who if you were paying attention to Punter's post earlier (#3902), is the sole owner of the #NAFR adds some shading to the truth by suggesting this legal dispute is him defending leasees from the leasees.

What is NAFR?

 

[Petus@18]

Recent update received!!!

 

[Can't_Give_Up]

Even though the transcripts have been filed for the appeal, the 'appeal book' has not. After obtaining some legal advice, they informed me that an appeal book or a trial book would have to be filed indicating the case/statutory laws and precedents the lawyers intended to argue on our behalf. But SLG has no intention of pursuing the appeal and have made it unclear as to how we can proceed without the Reids involvement due to the fact that they have already settled. The advice they gave me was that each of us who plan to appeal Judge Young's decision needs to be in court that day so that we can be heard. A large group of numbers will show the court that something has gone awry and we may be able to get an extension to file a new appeal (without SLG or Geldert's involvement) or more time to prepare the appeal that has already been filed. I cannot stress this enough; if we want any chance of proceeding with the appeal, we need to show up in force on that day. Do not let the lawyers steam roll the conversation with the Judge b/c they no longer represent us. We need to stand up and articulate to the judge the circumstances of the appeal (not being properly notified of it, how to proceed, withdrawal of lawyer on record, ask the judge for direction, etc).

This event is also a good time for all of us to meet up in person and actually discuss our case and how to move forward. We also need to discuss which legal firm we can use to represent us. Geldert has mislead us too many times to believe anything he says or sends out in an email; many people think that we are now 2 groups or even 3, but the reality is that we are still one group. If you have no intention of paying the settlement, then you need to move forward with the appeal regardless of which option you signed. In one of Geldert's last emails, he states that you can no longer opt out of the settlement agreement because you could have opted out at any time up until December 29th. In reality, the December 28th email was the only reference of opting out of the settlement after Geldert negotiated it without the group's input. The same email is also the first time (2 weeks after negotiation) that he mentioned how to "calculate' what you owe; which only works if Northmont sent you out a November 2016 statement. All in all, there are too many discrepancies with what he was said/written and what he has done to enforce his settlement.

We need to contact everyone that was a part of the group to make sure they will be present in court that day; spread the word through social media, other websites, etc. In one of the actions filed under Northmont vs. Reid, it lists over 650 Alberta members that are part of the Geldert group, it also lists which city they live in; however, it doesn't list their phone numbers. Over the course of the next 2 weeks I am going to try and search for their numbers and contact them about the appeal. If anyone wants to help with this endeavor, they can send me a PM. Remember March 8, 2018 @ 10am at the Edmonton Law Courts.

 

[Petus@18]

Even though the transcripts have been filed for the appeal, the 'appeal book' has not. After obtaining some legal advice, they informed me that an appeal book or a trial book would have to be filed indicating the case/statutory laws and precedents the lawyers intended to argue on our behalf. But SLG has no intention of pursuing the appeal and have made it unclear as to how we can proceed without the Reids involvement due to the fact that they have already settled. The advice they gave me was that each of us who plan to appeal Judge Young's decision needs to be in court that day so that we can be heard. A large group of numbers will show the court that something has gone awry and we may be able to get an extension to file a new appeal (without SLG or Geldert's involvement) or more time to prepare the appeal that has already been filed. I cannot stress this enough; if we want any chance of proceeding with the appeal, we need to show up in force on that day. Do not let the lawyers steam roll the conversation with the Judge b/c they no longer represent us. We need to stand up and articulate to the judge the circumstances of the appeal (not being properly notified of it, how to proceed, withdrawal of lawyer on record, ask the judge for direction, etc).

This event is also a good time for all of us to meet up in person and actually discuss our case and how to move forward. We also need to discuss which legal firm we can use to represent us. Geldert has mislead us too many times to believe anything he says or sends out in an email; many people think that we are now 2 groups or even 3, but the reality is that we are still one group. If you have no intention of paying the settlement, then you need to move forward with the appeal regardless of which option you signed. In one of Geldert's last emails, he states that you can no longer opt out of the settlement agreement because you could have opted out at any time up until December 29th. In reality, the December 28th email was the only reference of opting out of the settlement after Geldert negotiated it without the group's input. The same email is also the first time (2 weeks after negotiation) that he mentioned how to "calculate' what you owe; which only works if Northmont sent you out a November 2016 statement. All in all, there are too many discrepancies with what he was said/written and what he has done to enforce his settlement.

We need to contact everyone that was a part of the group to make sure they will be present in court that day; spread the word through social media, other websites, etc. In one of the actions filed under Northmont vs. Reid, it lists over 650 Alberta members that are part of the Geldert group, it also lists which city they live in; however, it doesn't list their phone numbers. Over the course of the next 2 weeks I am going to try and search for their numbers and contact them about the appeal. If anyone wants to help with this endeavor, they can send me a PM. Remember March 8, 2018 @ 10am at the Edmonton Law Courts.

We can help and will pm our email address to you!! Thank you very much

 

[truthr]

Even though the transcripts have been filed for the appeal, the 'appeal book' has not. After obtaining some legal advice, they informed me that an appeal book or a trial book would have to be filed indicating the case/statutory laws and precedents the lawyers intended to argue on our behalf. But SLG has no intention of pursuing the appeal and have made it unclear as to how we can proceed without the Reids involvement due to the fact that they have already settled. The advice they gave me was that each of us who plan to appeal Judge Young's decision needs to be in court that day so that we can be heard. A large group of numbers will show the court that something has gone awry and we may be able to get an extension to file a new appeal (without SLG or Geldert's involvement) or more time to prepare the appeal that has already been filed. I cannot stress this enough; if we want any chance of proceeding with the appeal, we need to show up in force on that day. Do not let the lawyers steam roll the conversation with the Judge b/c they no longer represent us. We need to stand up and articulate to the judge the circumstances of the appeal (not being properly notified of it, how to proceed, withdrawal of lawyer on record, ask the judge for direction, etc).

This event is also a good time for all of us to meet up in person and actually discuss our case and how to move forward. We also need to discuss which legal firm we can use to represent us. Geldert has mislead us too many times to believe anything he says or sends out in an email; many people think that we are now 2 groups or even 3, but the reality is that we are still one group. If you have no intention of paying the settlement, then you need to move forward with the appeal regardless of which option you signed. In one of Geldert's last emails, he states that you can no longer opt out of the settlement agreement because you could have opted out at any time up until December 29th. In reality, the December 28th email was the only reference of opting out of the settlement after Geldert negotiated it without the group's input. The same email is also the first time (2 weeks after negotiation) that he mentioned how to "calculate' what you owe; which only works if Northmont sent you out a November 2016 statement. All in all, there are too many discrepancies with what he was said/written and what he has done to enforce his settlement.

We need to contact everyone that was a part of the group to make sure they will be present in court that day; spread the word through social media, other websites, etc. In one of the actions filed under Northmont vs. Reid, it lists over 650 Alberta members that are part of the Geldert group, it also lists which city they live in; however, it doesn't list their phone numbers. Over the course of the next 2 weeks I am going to try and search for their numbers and contact them about the appeal. If anyone wants to help with this endeavor, they can send me a PM. Remember March 8, 2018 @ 10am at the Edmonton Law Courts.

And there again our legal team makes US look bad and puts us in harms way. Why do they need to control the information and not release it until the very last minute if at all. Why?? After the fiasco with doing that to the judges again WHY??

Why do they continue to play these games. These are peoples' lives they are messing with, not just us the clients, but all those employees as well, all the lawyers that have been contacted to try to find someone to represent a group that is scattered. Why were the Option 2s not provided with a list so we could contact each other to regroup and find new representation??? WHY??

I can't imagine that the court wants a whole whack of confused, desperate people descending upon it but that is exactly what is going to happen and unfortunately there does not seem to be another option.

Never in all my years have I heard of one lawyer causing such havoc and turning the judicial system in TWO provinces upside down because of his shenanigans; the main city courthouses, the small town courthouses in both BC and AB are over run and over worked and WHY??? Well because for some reason Geldert feels this need to force his clients to have to first, ask then almost beg for documents we should have had all along and then when he doesn't relent and supply them people are calling the courthouses to get whatever they can. Putting even more pressure on the already over taxed courthouses by this madness.

Oh and let us not forget all the complaints going into the law society - they are overwhelmed as well with the ongoing complaints due to the ONGOING shenanigans.

Michael Geldert - Please just give your "former" clients what they need to move forward. We don't need you, or your instructions, or your demands masquerading as "instructions", we need the documents, reports, affidavits, etc that you should have been providing all along and we need current documents and then you can step aside while the "adults" clean up your mess before it gets worse.

 

[Frau Blucher]

What is NAFR?

NAFR - Not A *bleep*ing Resort

 

[Petus@18]

Even though the transcripts have been filed for the appeal, the 'appeal book' has not. After obtaining some legal advice, they informed me that an appeal book or a trial book would have to be filed indicating the case/statutory laws and precedents the lawyers intended to argue on our behalf. But SLG has no intention of pursuing the appeal and have made it unclear as to how we can proceed without the Reids involvement due to the fact that they have already settled. The advice they gave me was that each of us who plan to appeal Judge Young's decision needs to be in court that day so that we can be heard. A large group of numbers will show the court that something has gone awry and we may be able to get an extension to file a new appeal (without SLG or Geldert's involvement) or more time to prepare the appeal that has already been filed. I cannot stress this enough; if we want any chance of proceeding with the appeal, we need to show up in force on that day. Do not let the lawyers steam roll the conversation with the Judge b/c they no longer represent us. We need to stand up and articulate to the judge the circumstances of the appeal (not being properly notified of it, how to proceed, withdrawal of lawyer on record, ask the judge for direction, etc).

This event is also a good time for all of us to meet up in person and actually discuss our case and how to move forward. We also need to discuss which legal firm we can use to represent us. Geldert has mislead us too many times to believe anything he says or sends out in an email; many people think that we are now 2 groups or even 3, but the reality is that we are still one group. If you have no intention of paying the settlement, then you need to move forward with the appeal regardless of which option you signed. In one of Geldert's last emails, he states that you can no longer opt out of the settlement agreement because you could have opted out at any time up until December 29th. In reality, the December 28th email was the only reference of opting out of the settlement after Geldert negotiated it without the group's input. The same email is also the first time (2 weeks after negotiation) that he mentioned how to "calculate' what you owe; which only works if Northmont sent you out a November 2016 statement. All in all, there are too many discrepancies with what he was said/written and what he has done to enforce his settlement.

We need to contact everyone that was a part of the group to make sure they will be present in court that day; spread the word through social media, other websites, etc. In one of the actions filed under Northmont vs. Reid, it lists over 650 Alberta members that are part of the Geldert group, it also lists which city they live in; however, it doesn't list their phone numbers. Over the course of the next 2 weeks I am going to try and search for their numbers and contact them about the appeal. If anyone wants to help with this endeavor, they can send me a PM. Remember March 8, 2018 @ 10am at the Edmonton Law Courts.

I just posted your message in one of the Facebook groups. Maybe Truth can post it in the secret one?

 

[CleoB]

Consumer Protection Act

That's not a link. If you truly know of what you speak please provide me with a link so I can provide it to my lawyer......otherwise I have to assume you are blowing smoke.

 

[Ultimate_Betrayal]

And there again our legal team makes US look bad and puts us in harms way. Why do they need to control the information and not release it until the very last minute if at all. Why?? After the fiasco with doing that to the judges again WHY??

Why do they continue to play these games. These are peoples' lives they are messing with, not just us the clients, but all those employees as well, all the lawyers that have been contacted to try to find someone to represent a group that is scattered. Why were the Option 2s not provided with a list so we could contact each other to regroup and find new representation??? WHY??

I can't imagine that the court wants a whole whack of confused, desperate people descending upon it but that is exactly what is going to happen and unfortunately there does not seem to be another option.

Never in all my years have I heard of one lawyer causing such havoc and turning the judicial system in TWO provinces upside down because of his shenanigans; the main city courthouses, the small town courthouses in both BC and AB are over run and over worked and WHY??? Well because for some reason Geldert feels this need to force his clients to have to first, ask then almost beg for documents we should have had all along and then when he doesn't relent and supply them people are calling the courthouses to get whatever they can. Putting even more pressure on the already over taxed courthouses by this madness.

Oh and let us not forget all the complaints going into the law society - they are overwhelmed as well with the ongoing complaints due to the ONGOING shenanigans.

Michael Geldert - Please just give your "former" clients what they need to move forward. We don't need you, or your instructions, or your demands masquerading as "instructions", we need the documents, reports, affidavits, etc that you should have been providing all along and we need current documents and then you can step aside while the "adults" clean up your mess before it gets worse.

Unfortunately I believe Michael Geldert is doing this possibly for two reasons:

1) Timing - by controlling the flow of information he believes or is committed himself to protect the information based on the deal he has made with Northmont which is all part of the overall settlement. If the Option 2 people cannot properly prepare there is the potential this all gets swept nicely under the judicial carpet - that's why the next court date is after Option 1 is supposed to be out of the way so the SIF cannot be challenged in front of Judge Young now that everyone from that camp is gagged and bonded.
My bet is down the road he will try and say he was doing this to protect his clients from themselves because other lawyers are giving bad advice or its too complex.

2) Money - hopefully everyone has come to realize Michael Geldert dragged this out to maximize profit and capitalize from us monetarily and who knows maybe he did take the job this time Northmont offered him a while back (he should have figured out the writing was on the wall as people were starting to asked direct questions to continue on any further).

The question you really need to ask him is what the cost is to sell you the documents that you want or need - he made it pretty evident you aren't his clients anymore so now he has one more opportunity to make it cost you (a smart and ethical lawyer who followed their code of conduct as a lawyer wouldn't put themselves or their clients at risk or in this position as they realize the ramifications of eventually being disbarred and sued).
Option 1 people - there isn't a chance anyone will get anything back from the $250 you just paid (or $300,000 (1285 x $250) collectively) for Michael to process the releases (fingers crossed correctly)

 

[lost and confused]

I have requested ALL documents from MG and requested a comprehensive file of all info so that I can process, move on and transition to the next phase. He has not yet provided the info.....has said they will look into it early March and there will be a cost associated (say what????). This is not fair and ethical in my opinion. All documents are likely in digital format and need to be shared and accessed by all. This sharing of info should have been done all along as it is part of effective communication an good legal counsel. As part of a withdraw, info should be shared in a timely manner. I have stressed that the hearing is scheduled March 8....and there is most certainly a timeline and crunch to get info...especially as withdrawal of service was initiated in January. There are guidelines associated with withdrawal as per BC Law Society

https://www.lawsociety.bc.ca/suppor...ia/chapter-3-–-relationship-to-clients/#3.7-8

I believe it is our right to request the legal info. It is our right to receive it in a timely manner. If you have not requested it, you may want to consider doing so. If you have not yet received all info, then perhaps feedback needs to be made to the Law Society....just my two cents. If you don't speak up for your rights, who will? Take action

 

[ecwinch]

Unfortunately I believe Michael Geldert is doing this possibly for two reasons:

I would add.... To protect his relationship with his next “client”.

The court has taken him task multiple times. He wants to put this one to bed as to not endanger his next engagement with the Club Intrawest Owners Group.

https://www.citheownersgroup.org/single-post/2017/10/31/Next-Steps

On October 24th, Michel Berthiaume updated members on behalf of the Volunteer Coordinating Committe (VCC), about what our group had been doing since Konrad's election to the board in June. My purpose today is to give members some insight as to our "next steps" for the coming weeks.

The VCC has a full-day meeting planned for the end of November. One of the highlights of the day is expected to be a conference call with Michael Geldert to discuss his legal opinion / litigation proposals. This will allow the VCC to develop an Operational Plan based on his findings.

 

[LilMaggie]

I have requested ALL documents from MG and requested a comprehensive file of all info so that I can process, move on and transition to the next phase. He has not yet provided the info.....has said they will look into it early March and there will be a cost associated (say what????). This is not fair and ethical in my opinion. All documents are likely in digital format and need to be shared and accessed by all. This sharing of info should have been done all along as it is part of effective communication an good legal counsel. As part of a withdraw, info should be shared in a timely manner. I have stressed that the hearing is scheduled March 8....and there is most certainly a timeline and crunch to get info...especially as withdrawal of service was initiated in January. There are guidelines associated with withdrawal as per BC Law Society

https://www.lawsociety.bc.ca/suppor...ia/chapter-3-–-relationship-to-clients/#3.7-8

I believe it is our right to request the legal info. It is our right to receive it in a timely manner. If you have not requested it, you may want to consider doing so. If you have not yet received all info, then perhaps feedback needs to be made to the Law Society....just my two cents. If you don't speak up for your rights, who will? Take action

Any one who has any concerns about your legal representation, or lack thereof, needs to file a complaint with the BC law society NOW. It is free and easy. Please add to the growing list of complaints so that they can't ignore us!

 

[LilMaggie]

That's not a link. If you truly know of what you speak please provide me with a link so I can provide it to my lawyer......otherwise I have to assume you are blowing smoke.

http://www.qp.alberta.ca/1266.cfm?page=c26p3.cfm&leg_type=Acts&isbncln=9780779801640&display=html
http://www.assembly.ab.ca/ISYS/LADD...egislature_29/session_3/20170302_bill-031.pdf
Here you go. Give this to your lawyer to peruse.

 

[LilMaggie]

NAFR - Not A *bleep*ing Resort

Thanks Frau for telling it like it is!!

 

[dotbuhler]

That's not a link. If you truly know of what you speak please provide me with a link so I can provide it to my lawyer......otherwise I have to assume you are blowing smoke.

"ass u me" we all know what happens when we assume....if your lawyer that you are paying good money for can't read I'd suggest you are wasting your money. This thread going back to 2013 has numerous details as to specific parts of the the Act that are applicable. Check Aden2's postings, for example. The Fair Trading Act (Alberta) was referred to numerous times by Justice Young. Ask yourself "WHY"....any lawyer worth his beans will be all over this.

 

[dotbuhler]

Any one who has any concerns about your legal representation, or lack thereof, needs to file a complaint with the BC law society NOW. It is free and easy. Please add to the growing list of complaints so that they can't ignore us!

Remember that Judge Young's Decision was primarily directed at our lawyer, Michael Geldert and his "vexatious behavior and abuse of process". Bring those confirmation letters with you from the B.C. Law Society stating the case # regarding the Michael Geldert Complaint to Court on March 8. THIS IS IMPORTANT!!

 

[Frau Blucher]

Someone is having a running battle on Vancouver’s Craiglist under personals - rant & raves. Someone is continually posting “reviews” of Geldert’s dismal performance as someone keeps flagging it for removal (probably Michael or Patricia). We should all start posting bad reviews to increase the Gelderts’ workload. I wonder if Michael or Patricia could charge for billable hours for the time they spend flagging the ads?

 

[Petus@18]

Someone is having a running battle on Vancouver’s Craiglist under personals - rant & raves. Someone is continually posting “reviews” of Geldert’s dismal performance as someone keeps flagging it for removal (probably Michael or Patricia). We should all start posting bad reviews to increase the Gelderts’ workload. I wonder if Michael or Patricia could charge for billable hours for the time they spend flagging the ads?

Do you have a link? We could also post a review to the Club Intrawest Owners Group.

Our Facebook group is found at: https://www.facebook.com/groups/clubintrawestowners/
Our email is:ci.theownersgroup@gmail.com

These are the correct links

 

[Frau Blucher]

Do you have a link? We could also tweet to the Club Intrawest Owners Group.

Link provided by Ecwinch:
https://www.citheownersgroup.org/single-post/2017/10/31/Next-Steps

https://vancouver.craigslist.ca/van/rnr/6505914517.html

 

[torqued]

"ass u me" we all know what happens when we assume....if your lawyer that you are paying good money for can't read I'd suggest you are wasting your money. This thread going back to 2013 has numerous details as to specific parts of the the Act that are applicable. Check Aden2's postings, for example. The Fair Trading Act (Alberta) was referred to numerous times by Justice Young. Ask yourself "WHY"....any lawyer worth his beans will be all over this.

Why? Wouldn’t be able to drag out the case All about money!

 

[Ultimate_Betrayal]

Someone is having a running battle on Vancouver’s Craiglist under personals - rant & raves. Someone is continually posting “reviews” of Geldert’s dismal performance as someone keeps flagging it for removal (probably Michael or Patricia). We should all start posting bad reviews to increase the Gelderts’ workload. I wonder if Michael or Patricia could charge for billable hours for the time they spend flagging the ads?

Well I am sure we can all help him get those huge 5 STAR reviews he is looking for to get his next client feeling the warm and fuzzies by saying how much we appreciated what he was able to do for us:
https://www.citheownersgroup.org/jra-info


Let's let everyone know he has 5 thumbs up from us


Take some time and share your experience so everyone knows how you feel

https://www.yelp.ca/biz/geldert-law-vancouver

https://www.fyple.ca/company/geldert-law-3thwj8q/

http://www.lawyerlookup.review/british-columbia-vancouver/business/189809/Geldert-Law.html

https://www.facebook.com/GeldertLaw/

https://ca.lynkos.com/company/geldert-law/reviews

http://www.bigreddirectory.ca/geldert-law-vancouver

https://www.canlisting.com/firm/geldert-law-865917

https://www.capointfinder.com/index.php/listing/geldert-law/

https://www.canadapages.com/geldert-law-vancouver-bc-7783307775/

https://www.bubblemortgage.com/geldertlaw.com

Very clever!!

Don't forget there are lots of other places to leave your thoughts and well wishes.

 

[truthr]

Recent update received!!! View attachment 5775

An update?? For Option 1 or 2??

 

[CleoB]

http://www.qp.alberta.ca/1266.cfm?page=c26p3.cfm&leg_type=Acts&isbncln=9780779801640&display=html
http://www.assembly.ab.ca/ISYS/LADD...egislature_29/session_3/20170302_bill-031.pdf
Here you go. Give this to your lawyer to peruse.

Thank you.