Merry Christmas all ...

Merry Christmas all ... looking forward to the skiing

Humber Valley Resort lawyer says suit possible if fees not paid (CBC)

** Article on CBC.ca ** Original article 30th Oct 2014

The lawyer representing Humber Valley Resort says a homeowner who refuses to pay resort and water fees could be looking at a possible lawsuit.

Homeowner Tim Buckle says he won't pay the fees requested by the resort, because the private company can increase fees at any time without warning. The fees cover things like water installation, garbage collection and security services.

• Humber Valley Resort homeowner charged $8K annual water fee

Buckle refused to sign three contracts for fees presented by the resort's owner when he purchased the home in 2011, on a recommendation from his lawyer. The annual resort fee presented was $8,000

But Graham Watton, the lawyer representing Humber Valley Resort, said if Buckle doesn't pay and sign the contracts the company has presented him with, the company will consider a lawsuit.

"Basically they don't have to sign it, that's what I am saying. They don't have to sign it, but I'm suggesting that he is still under what we call, and what the courts call, a just and equitable principle," Watton told CBC News.

"A person doesn't just move into a resort and say, 'B'y, I'm not paying any fees,'" he said.

Humber Valley Resort has threatened to cut off Buckle's water, but that hasn't happened yet.

"Maybe we should have cut him off. As a matter of fact, that's what a lot of property owners are saying to administrators and staff. Why should he be treated any different?" he said.

"He's going around telling everyone they don't have to pay the fees — he hasn't paid one cent," said Watton.

Watton said the resort wants Buckle's water cut off immediately, but he will wait for another negotiation to take place before that happens.

If Buckle doesn't pay the annual fee, Watton threatens a $25,000 bill to reconnect that service. That cost would be in addition to fees the resort says Buckle already owes.

** Article on CBC.ca ** Original article 30th Oct 2014

How is the HVR website being used?

Humber Valley Resort website ...  attracting visitors to the area, and encouraging chalet rentals?

Not a chance - It's being used at part of Mr Watton's legal challenges against the NFLD government !!!

www.humbervalley.com/news

Watton releases lawsuit against NFLD government

** from Western Star web ** Original article 28th Aug 2014

The owners of Humber Valley Resort have released an internal memo that allegedly indicates the provincial government initially had no intention of taking back expansion lands committed to the resort in 2008.

The internal memo was written by Derrick White, who was president of Newfound Canada and a representative of the former owners of the residential and golf course development at the time. The memo was prepared for shareholders in Newfound Canada and contained details of a meeting held with government on Sept. 16, 2008 to discuss the dire financial straits Humber Valley Resort was in at the time.

The former owners of the resort had filed for protection under the Companies Creditors Arrangement Act at that point and had defaulted on their latest payment.

By early December 2008, and at least five days prior to the resort being declared bankrupt, the province terminated the expansion land lease agreement.

Defied a stay of proceedings

The current owners of the resort, Katie Watton and Gary Oke, have launched a lawsuit against the provincial government alleging the province defied a stay of proceedings ordered by the Supreme Court of Newfoundland and Labrador by terminating the lease. The stay of proceedings had effectively frozen the rights of any creditors — which included the province — or shareholders involved with the resort.

FULL ARTICLE - Western Star

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