Montrose Properties is urging a B.C. Supreme Court judge to reopen the Cowichan Tribes trial, claiming that last summer's landmark Aboriginal title ruling has caused a 'tectonic shift' for the Richmond landowner. The company, which owns warehouses, a Coca-Cola bottling plant, and other facilities in the area, argues that its financial interests are directly and significantly impacted by the decision issued by Justice Barbara Young on August 7, 2023.
Day One of Hearing
On the first day of a two-day hearing, Montrose's lawyer, Joan Young, argued in a Victoria courtroom that the company is entitled to be added as a defendant and that the case should be reopened. She described this legal step as rare but not unprecedented. Montrose was not a party to the original lawsuit filed by Cowichan Tribes in 2014, which named only the federal and provincial governments as defendants.
The company contends that the judgment, which granted Aboriginal title over a large part of southeast Richmond, has created significant uncertainty regarding its fee simple ownership. 'This is a significant uncertainty for Montrose,' Young told the court, noting that the ruling could affect the company's ability to retain 100 percent of the economic benefits from its properties. In one instance, a potential business deal was put on hold after the Cowichan Nation was granted title.
Governments Support Montrose
Lawyers representing the federal and B.C. governments, both named in the original lawsuit, supported Montrose's bid to be added as a defendant and to reopen the case. The province's lawyer stated that it had consistently argued during the 513-day trial that private property owners should have been notified of the lawsuit due to the potential impact on their property rights. Both governments agree that Montrose, and by extension the other 150 fee simple landowners, should have the opportunity to present evidence on how the judgment affects their interests.
Cowichan Tribes Opposes Reopening
However, David Robbins, the lawyer for Cowichan Tribes, opposed the motion, arguing that reopening the trial would amount to an abuse of process. He stated that the trial concluded with the August judgment and that all relevant arguments were already considered by the judge. 'To come to court today and to relitigate those issues amounts to an abuse of process,' Robbins said. He added that Montrose's claim of being surprised by the ruling was 'astonishing,' given that the company had millions of dollars invested in lands subject to an Aboriginal title claim. Robbins maintained that private landowners are not proper parties in a case where no claim is made against them and that Montrose does not have a 'direct interest' in the matter.
Next Steps
The hearing continues, with the judge expected to rule on whether to reopen the case. The outcome could have broader implications for other landowners in the area and for the legal landscape of Aboriginal title claims in British Columbia.
