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VCC Statement to CIOG Members


VCC UPDATE For Interested Embarc Members

As previously discussed on the CIOG Facebook page, we are providing this update for your information on work of the Volunteer Coordinating Committee (VCC) and others, both in progress since the June election of an independent director and anticipated challenges ahead.

This is particularly relevant since the most recent posting of the annual dues by Embarc on all our Embarc member accounts and an upcoming update by Geldert Law for CIOG members who are choosing to support legal work for action to protect members’ interests (following the GST decision) by joining the Joint Retainer Agreement (JRA) with Geldert Law in Vancouver.

VCC Work

In June the VCC released a survey for members to complete. Over 500 members of the CIOG completed the survey and provided details of their concerns and priorities. The survey results are being used to identify member priorities and to assist the VCC in developing the appropriate objectives and actions.

Shortly after the GST decision at the Federal Court of Appeal, the VCC issued a copy of the decision, a press release and an explanation of how EMBARC members end up owing millions to Canada Revenue Agency possibly due, it seems, to mismanagement of the Club if not negligence by the Board of Directors and the Club managers (Intrawest). The court also clarified in this decision that there is no principal-agent relationship between Embarc Club and its members. This confirms what the VCC has been saying for a long time: with Club Intrawest / now Embarc Club, both Intrawest Corporation and DRI benefit from a clever setup whereby operations, upkeep, maintenance, legal, accounting and litigation costs and risks are all borne by members, while all profit and control go to Intrawest ULC and DRI. VCC is following up on the GST with research on legal remedies particularly due to numerous responses to comments by several members that …”it is high time to get attorneys involved….”

Although the VCC also started a significant effort following the election in order to set up a member organization/association for collective action on the basis of a 9-step trajectory, progress on this front has been slow. The VCC is planning to meet in person in November to finalize decisions and identify action on this project. In the meantime however, the VCC is re-engaging legal services with Geldert Law in order to obtain advice on the best legal redress options to undertake. In an effort to be transparent, the VCC is disclosing the above without revealing details that could adversely impact chances of success. It is anticipated that we will be in a better position to divulge more information to members of the JRA in the not too distant future. We hope that members will take action that support our efforts, help us protect our mutual interests and legal rights as resort points owners and, when the time comes, participate in our attempts to seek appropriate redress. Further information will follow in due course.

The VCC is currently preparing messages to query the Board of Directors regarding concerns, questions, clarification and the rationale related to the various line increases of the 2017-2018 Resort Dues invoice. A copy of VCC queries on behalf of members will be posted on FB as well as responses, if any.

Others’ Work

Separately from the CIOG VCC there are other individuals and groups in Canada and the United States that are undertaking vital research regarding member ownership rights and potential legal redress in respect of fraud, deceptive sales and business practices as well as breaches of consumer protection and privacy laws. There is also an individual initiative underway to certify a class action lawsuit in the Province of Quebec against several Intrawest related parties. The VCC is unable to provide detailed information on the work of others as it is not privy to same. Sharing of such information will be at the discretion of the individuals or groups undertaking this work. However, there will undoubtedly be other initiatives emerging that will be of significant interest to all Embarc members.

Stay vacationed, but be aware!

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