Attorney General Sharma says B.C. supports company’s request to reopen Cowichan case
Montrose says the ruling threatens hundreds of millions of dollars in property interests and asks the court to weigh a New Brunswick appeal on private land rights.
- On Monday, Montrose Properties argued during a two-day hearing in Victoria that its financial interests were directly and significantly impacted by Justice Barbara Young's August decision granting Cowichan Tribes Aboriginal title over southeast Richmond.
- Justice Young's August ruling declared Aboriginal title over fee-simple lands—a first in Canadian law—but left unresolved how those two competing rights can coexist on the same 300-hectare area where Montrose owns about 120 hectares.
- Montrose operates a Coca-Cola bottling plant and warehouses on the disputed land and argues the ruling threatens its substantive holdings worth hundreds of millions of dollars while potentially preventing it from retaining 100 per cent of economic benefits from its ownership.
- Both federal and B.C. governments backed Montrose's reopening bid, with the province's lawyer noting private property owners should have received notice during the 513-day trial, though Cowichan lead counsel David Robbins called the application an abuse of process.
- With the Supreme Court set to decide Thursday on the competing Wolastoqey case, where New Brunswick's court ruled Aboriginal title findings permissible but not declarations over private land, Justice Young will hear Cowichan arguments on Tuesday before issuing her decision on reopening.
44 Articles
44 Articles
Landowner seeks to reopen Cowichan case with backing of B.C., federal gov’t - Creston Valley Advance
A company with major landholdings in the area covered by the landmark Cowichan Tribes Aboriginal title claim is in court this week, arguing a “fundamental violation” of procedural fairness occurred when it wasn’t named as a party and given a chance to plead its case. Montrose Properties wants the trial reopened and the judgment revisited, something rarely allowed in a Canadian court. David Rosenberg, the lawyer for Cowichan Tribes First Nation, …
Landowner seeks to reopen Cowichan case with backing of B.C., federal gov’t - Fort St. James Caledonia Courier
A company with major landholdings in the area covered by the landmark Cowichan Tribes Aboriginal title claim is in court this week, arguing a “fundamental violation” of procedural fairness occurred when it wasn’t named as a party and given a chance to plead its case. Montrose Properties wants the trial reopened and the judgment revisited, something rarely allowed in a Canadian court. David Rosenberg, the lawyer for Cowichan Tribes First Nation, …
Landowner seeks to reopen Cowichan case with backing of B.C., federal gov’t - Grand Forks Gazette
A company with major landholdings in the area covered by the landmark Cowichan Tribes Aboriginal title claim is in court this week, arguing a “fundamental violation” of procedural fairness occurred when it wasn’t named as a party and given a chance to plead its case. Montrose Properties wants the trial reopened and the judgment revisited, something rarely allowed in a Canadian court. David Rosenberg, the lawyer for Cowichan Tribes First Nation, …
Landowner seeks to reopen Cowichan case with backing of B.C., federal gov’t - Vanderhoof Omineca Express
A company with major landholdings in the area covered by the landmark Cowichan Tribes Aboriginal title claim is in court this week, arguing a “fundamental violation” of procedural fairness occurred when it wasn’t named as a party and given a chance to plead its case. Montrose Properties wants the trial reopened and the judgment revisited, something rarely allowed in a Canadian court. David Rosenberg, the lawyer for Cowichan Tribes First Nation, …
Landowner seeks to reopen Cowichan case with backing of B.C., federal gov’t - Northern Sentinel
A company with major landholdings in the area covered by the landmark Cowichan Tribes Aboriginal title claim is in court this week, arguing a “fundamental violation” of procedural fairness occurred when it wasn’t named as a party and given a chance to plead its case. Montrose Properties wants the trial reopened and the judgment revisited, something rarely allowed in a Canadian court. David Rosenberg, the lawyer for Cowichan Tribes First Nation, …
B.C. supports company’s request to reopen Cowichan case: attorney general
British Columbia’s attorney general says it is rare to reopen a court case as significant as the landmark Cowichan Tribes title decision, but the government supports an effort to do so by the largest private property owner in the title area.
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