A legal challenge by a company based in Richmond, British Columbia, to reopen a landmark Aboriginal title case has been rejected by the B.C. Supreme Court. The court ruled that the attempt to re-examine the case is an "abuse of process for relitigation" and will not be permitted.
The ruling came in August, when the Cowichan Nation was granted Aboriginal title over a portion of land that includes Crown, city, and private properties in Richmond. The court found that the Crown's granting of private titles on this land "unjustifiably" infringed upon the Cowichan Nation's rights.
Montrose Properties, the largest landowner in the area, took an unusual step by requesting the case to be reopened. They argued that they were unfairly excluded from the original trial and that their fee simple land interests are directly impacted by the declaration of Aboriginal title. However, the Cowichan Nation did not seek to invalidate private titles or lay claim to those lands. Despite this, concerns have arisen about the potential risks to private property.
All parties involved in the case have chosen to appeal the ruling. Justice Barbara Young, who presided over the case, stated that while Montrose Properties was not given formal notice of the proceedings, they were aware of what was happening and did not apply to be added as a party until long after the trial had concluded.
"I agree with the plaintiffs that allowing this application could open the floodgates for numerous other private landowners and persons with commercial or other interests in the Cowichan Title Lands to seek to join the litigation," she said.
Young emphasized that reopening the case would be inefficient, disruptive, and would not enhance the integrity of the administration of justice. She also warned that allowing such applications could encourage third parties to adopt a wait-and-see approach, only applying to join litigation after the judgment is released and seeking to have the matter reopened if the outcome is unfavorable.
"This would mean that if reasons for judgment are met with disapproval, a person might apply to be added as a party after they are issued and seek to have the matter reopened, rather than applying … in a timely way and assuming the cost and efforts associated with participating in litigation."
Montrose CEO Ken Low responded to the decision in a statement, saying the company is reviewing the ruling and considering its legal options. "But we are not done, and private property rights must be protected,” he said.
Cowichan Tribes Chief Cindy Daniels expressed satisfaction with the court's decision, stating that the nation can now focus on respectful reconciliation work. Shana Thomas, hereditary chief of Lyackson First Nation, which is part of the Cowichan Nation, echoed this sentiment, emphasizing that Aboriginal title should not be treated as an afterthought.
"The Cowichan decision resulted from a lengthy and thorough judicial process, and the court’s dismissal of the application to reopen the case reinforces the integrity of that process," she said.
Justice Young noted in her ruling that Montrose's claims were addressed during the initial trial, which involved well-resourced parties. The case has sparked significant debate in the province's legislature, with the Conservative opposition accusing the governing New Democrats of not doing enough to address the issue.
In a statement released on Tuesday, the Conservatives questioned who controls British Columbia and called for legislation to protect property rights. They also urged the government to disclose all Aboriginal title claims currently before the courts or in negotiation, so that individuals can participate in litigation at the earliest possible stage.
“This report by The Canadian Press was first published June 30, 2026.”
Ashley Joannou, The Canadian Press
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