In a decision dated Monday, B.C. Supreme Court Justice Barbara Young dismissed an application by Montrose Properties to reopen the Cowichan Tribes Aboriginal title case, ruling that the bid was an 'abuse of process'. The decision upholds the landmark 2025 ruling that granted the Cowichan Tribes Aboriginal title to nearly four square kilometres of land in southeast Richmond, including privately owned properties.
Background of the case
The original ruling, issued in 2025, found that the Cowichan Tribes held Aboriginal title to a swath of land in Richmond, encompassing federal port lands, city-owned lands, private homes, farms, and commercial properties. Montrose Properties, which owns warehouses, a Coca-Cola bottling plant, and other facilities in the area, was not a party to the original proceeding. However, the company argued that the ruling directly and significantly affected its financial interests, claiming it lost a potential deal for one of its properties.
Montrose sought to reopen the case, asserting that it had not been formally notified of the original proceeding. In her 34-page decision, Justice Young noted that Montrose had knowledge of the proceedings but chose not to apply to be added as a party until long after the trial concluded.
Court's reasoning
Justice Young agreed with the Cowichan Tribes' lawyers that reopening the trial could set a dangerous precedent. She wrote: 'This sort of sprawling process, long after trial has concluded, would be inefficient, disruptive for the parties, and would not enhance the integrity of the administration of justice.' She further warned that allowing the application could encourage third parties to adopt a wait-and-see approach, only seeking to join litigation after an unfavorable ruling.
'That would mean 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 for joinder in a timely way and assuming the cost and efforts associated with participating in litigation,' Young stated.
Reaction from the Cowichan Tribes
David Rosenberg, lawyer for the Cowichan Tribes, expressed satisfaction with the decision. 'At long last, the trial has concluded, and the hard work of reconciliation can get underway,' Rosenberg said. 'This means the return of government lands, and it also means the province of British Columbia will have to negotiate with the Cowichan about the private lands.'
The ruling affirms that the proper avenue for Montrose to challenge the decision is through an appeal, not by reopening the trial. The case marks a significant step in the ongoing process of reconciliation between the Cowichan Tribes and the provincial government.
