Montrose Properties' bid to reopen Cowichan Tribes Aboriginal title ruling rejected

The B.C. Supreme Court has rejected an east Richmond company's effort to reopen and join a landmark 2025 ruling that declared Aboriginal title over roughly 800 acres of land in south Richmond.

Justice Barbara Young ruled Monday that Montrose Properties cannot be added as a party to the Cowichan Tribes case, which concluded after a 513-day trial. The company had applied in January to reopen the decision, arguing it was improper for the court to declare Aboriginal title over Montrose's own properties when the company was not part of the litigation.

Young noted that four of Montrose's five arguments had already been fully explored during the original trial by well-resourced parties. "While Montrose did not participate in the trial, the fact is these issues have been fully canvassed over the course of a lengthy trial," she wrote. The judge acknowledged that "finality is not to come at the expense of fairness," but found no evidence of fraud, dishonesty, or fresh evidence that would justify reopening.

Young warned that allowing the application would set a dangerous precedent. "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 noted that reopening would be inefficient and disruptive. The proper avenue for Montrose to challenge the decision is through the appeals court.