A B.C. Supreme Court judge has dismissed a company’s bid to reopen the case that granted Cowichan Tribes Aboriginal title to part of Richmond.
The court tossed the Montrose companies’ applications, saying relitigating the case would be an abuse of process.
In an August 2025 ruling, the B.C. Supreme Court found the Cowichan (Quw’utsun) Nation holds Aboriginal title to more than seven square kilometres of land at their former Tl’uqtinus village site in Richmond, as well as the right to fish the south arm of the Fraser River.
The court declared that most of Canada’s and Richmond’s fee simple titles in the area are invalid, and ordered the parties to negotiate a resolution within 18 months.
The federal and provincial governments, and the City of Richmond, are appealing the 2025 Cowichan decision over concerns it could impact fee simple property rights.
Musqueam and Tsawwassen First Nations are also challenging the ruling over overlapping land and fishing claims in the area.
In response to concerns from local landowners and politicians following the initial ruling, the Cowichan Nation has stressed that their case did not target private landowners, and that Aboriginal title and private property can co-exist.
Montrose Properties owns multiple industrial properties within the title area in southeast Richmond.
The company was not part of the lengthy trial that led to the Court’s finding of Aboriginal title.
Montrose said in court documents that while it was aware of the title case, it received no formal notice of the claim and did not believe private landowners could be affected by the judgment.
The company claimed that the judgement has scuppered plans for a multi-million-dollar warehouse development after a lender and prospective tenant pulled out. It said the ruling has also hindered discussions with Fortis and Enbridge about a potential landfill gas facility.
Justice Barbara Young said the main issue underpinning Montrose’s application, which was whether the initial ruling could take place in the absence of private landowners, was decided at trial.
She said the proper forum to challenge the ruling would be through an appeal.
Cowichan Tribes Chief Cindy Daniels welcomed the court’s dismissal of the bid to reopen the trial.
“We’re very happy with this result. This allows us to focus on our respectful reconciliation work, which our ancestors and elders started, based on the court declared Quw’utsun Nation Aboriginal title to lands of our settlement at Tl’uqtinus,” said Daniels.
Montrose indicated the dismissal does not mark the end of its legal fight.
“We will review the decision carefully and decide our next steps as there are a few legal options to consider. But we are not done, and private property rights must be protected,” said Montrose Properties president and CEO Ken Low in an emailed statement.
