B.C. judge throws out property owner's bid to reopen Cowichan lands decision
Justice Barbara Young said reopening the trial now would be an abuse of process after Montrose knew of the case but did not seek to join it sooner.
- On Monday, Supreme Court Justice Barbara Young rejected Montrose Properties' bid to reopen the Cowichan Tribes Aboriginal title case, ruling the company had knowledge of the proceedings but chose not to apply as a defendant until after trial concluded.
- The Aug. 7, 2025 decision declared Aboriginal title on Richmond land once used by the Cowichan Tribes as a seasonal fishing village, establishing unprecedented coexistence of Aboriginal and private fee-simple title on the same parcels.
- Lawyer Joan Young called the outcome "profoundly unfair," citing Montrose's financing challenges, but Justice Young ruled reopening would "open the floodgates" for inefficient litigation and would constitute an "abuse of process."
- Reconciliation efforts can now proceed, Cowichan co-counsel David Rosenberg said Monday, as the Province must negotiate with the Cowichan Tribes regarding private land to resolve the overlapping title claims.
- The Court may soon decide whether to hear several pending appeals, while Montrose Properties explores legal options and could participate as an intervenor in future proceedings affecting the Cowichan Tribes ruling.
34 Articles
34 Articles
B.C. landowner loses bid to reopen landmark Cowichan title case
An attempt by a Richmond, B.C., company to reopen a landmark Aboriginal title case after the original trial lasted more than 500 days is an “abuse of process for re-litigation” and will not be allowed, a B.C. Supreme Court judge ruled this week. The court ruled in August that the Cowichan Tribes have Aboriginal title over a portion of Crown, city and private land in Richmond, saying the Crown’s granting of private titles on the land “unjustifiab…
The Chronicle-Journal
B.C. landowner loses bid to reopen landmark Cowichan Aboriginal title case
VICTORIA - A British Columbia Supreme Court judge has ruled against a company that was trying to reopen a landmark Aboriginal title decision after the original trial lasted more than 500 days.
Judge Rejects Request to Reopen Cowichan Case to Hear From Private Landowners
A B.C. Supreme Court judge has ruled against a bid by a Richmond company to reopen the Cowichan Tribes aboriginal title case, calling the firm’s application an abuse of process. Justice Barbara Young has denied the request of private landowner Montrose Property Holdings Ltd. to reopen the Cowichan case so it could be added as a defendant. The decision, released on June 29, said Montrose Properties was seeking to revisit matters that had already …
Court declines to reopen Cowichan Tribes case to add private landowner Montrose - Fort St. James Caledonia Courier
B.C. Supreme Court Justice Barbara Young will not allow the Cowichan Tribes Aboriginal title case to be reopened for the private landowner Montrose Properties to be added as a defendant. Permitting the case to be relitigated in this way would be an “abuse of process,” the judge found. “Although Montrose did not have formal notice of the proceeding, it had knowledge of the proceedings, and chose not to apply to be added as [a] party until long af…
Court declines to reopen Cowichan Tribes case to add private landowner Montrose - Vanderhoof Omineca Express
B.C. Supreme Court Justice Barbara Young will not allow the Cowichan Tribes Aboriginal title case to be reopened for the private landowner Montrose Properties to be added as a defendant. Permitting the case to be relitigated in this way would be an “abuse of process,” the judge found. “Although Montrose did not have formal notice of the proceeding, it had knowledge of the proceedings, and chose not to apply to be added as [a] party until long af…
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