A company that says it is the biggest private landowner in the Cowichan Tribes’ Aboriginal title area in Richmond, B.C., says it will ask the British Columbia Supreme Court to take the rare step of reopening the landmark case.
Montrose Properties says it should be party to the litigation that resulted in a judgment that critics say casts doubt over private land ownership in the title area and beyond.
Montrose says it owns about 120 hectares of land in the 300-hectare title area next to the Fraser River and it intends to file an application with the court in coming days.
Ken Low, president of Montrose, says the firm is surprised by the impact of the court case that it was not even a party to, and has no choice but to seek reopening of the case.
In August, the court ruled the Cowichan Tribes have Aboriginal title over the land, that Crown and city titles on it are defective and invalid, and the granting of private titles by the government unjustifiably infringed on the Cowichan title.
Low says the firm doesn’t have “the luxury of waiting years” while an appeal is heard, so will seek reopening instead.
While the province, the City of Richmond and other defendants have said they plan to appeal — the typical recourse for any party that disagrees with a court decisions — the B.C. judiciary says on its website that in “limited circumstances” a judge could reconsider a decision, so long as any orders related to it have not been entered.
The declarations in the Cowichan decision were suspended for 18 months, so the Cowichan, Canada, and Richmond have time “to make the necessary arrangements.”
Paul Sullivan, a principal with tax firm Ryan, says the company is representing a large number of owners in the Cowichan claim area, and they plan to appeal against their tax bills with the BC Assessment authority over the next couple of months.
Sullivan says the major developers and investors he has spoken with “would not go near” properties in the title area.
He says owners felt cheated because they were not told earlier about the ruling and are scared to talk about it publicly because they don’t want to be perceived as racists.
The judge in the case declined to have the court reach out to private property owners in the title area, and some say they only found out about the ruling after they received a letter from the City of Richmond about the decision last month.
“I think our Canadian society really does want to work with the (First) Nations and repair relationships, but nobody’s prepared to give up their property, and so they’re angry,” said Sullivan.
“But they’re a little nervous about getting out and talking publicly, because they don’t want to get characterized as some of those against the nations.”
This report by The Canadian Press was first published Nov. 7, 2025.
Nono Shen, The Canadian Press
