Richmond developer appeals judge's refusal to reopen Cowichan Aboriginal title case | Daily Hive

Major Richmond developer appeals judge's refusal to reopen Cowichan Aboriginal title case

Richmond Industrial Centre. (Montrose Properties)

Montrose Properties has appealed a Supreme Court of British Columbia decision that rejected its attempt to become a party in the landmark Cowichan Tribes Aboriginal title case and reopen portions of the lengthy trial.

The Richmond-based property owner and developer announced today that it is challenging Justice Barbara Young’s decision on June 29, 2026, denying its application for party status and a limited reopening of the proceedings.

Justice Young is the same judge who presided over the 513-day trial, which began in 2019 and concluded in August 2025 with a highly controversial ruling that has sent major ripples through Canada’s economic, political, and social landscape amid concerns about the precedent it could set for public and privately owned fee simple lands.

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“We are going to do everything we can to ensure our interests are heard and our rights are respected,” said Ken Low, president and CEO of Montrose Properties, in a statement today.

“And we do not feel they have been to date.”

The appeal represents the company’s latest attempt to participate in a case that resulted in a ruling of Aboriginal title for the Vancouver Island-based Cowichan Tribes over approximately 300 acres of its privately owned land in southeast Richmond, according to Montrose.

Montrose Properties is the area’s most impacted private property owner, with its lands accounting for roughly 40 per cent of the 740 acres deemed to be under Aboriginal title by Justice Young.

The Cowichan Tribes are also appealing to have 100 per cent of all 1,846 acres be under their Aboriginal title, which would span additional homes, agricultural businesses, major industrial and commercial properties, and even Riverport Sports & Entertainment Complex — entailing Cineplex’s SilverCity Riverport Cinemas, Splitsville Riverport bowling alley, Extreme Air Park, Watermania aquatic centre and Richmond Ice Centre, which was acquired by the City of Richmond in 2019.

Richmond Industrial Centre. (Montrose Properties)

richmond cowichan tribes aboriginal title

Cowichan Tribes’ land claim area in southeast Richmond. (City of Richmond)

The underlying Cowichan Tribes trial spanned years and proceeded without the participation of any private landowners.

In 2017, the B.C. Supreme Court rejected an application by the federal government seeking an order requiring the Cowichan Tribes to provide formal legal notice to private landowners whose properties were located within the claim area.

According to Montrose, that decision was based on the fact that the Cowichan Tribes were not seeking at that time to invalidate the fee simple titles held by private property owners.

However, Justice Young’s August 2025 ruling found Aboriginal title over Montrose lands and other privately owned properties in the area. While the ruling did not invalidate Montrose’s registered ownership, the court found that its fee simple interests “may not be exercised in their fullest form” and described Aboriginal title as a “senior and prior interest.”

Montrose subsequently applied to be added as a defendant and to have the trial reopened before the final court order was entered. The company sought permission to make limited submissions about how the ruling could affect its ownership rights, financing, land use and regulatory obligations. Justice Young rejected that application late last month.

“It is disturbing that private landowners were excluded from this case given the finding and declarations the court ultimately made. We are left with no choice but to do everything we can to protect our rights and investments,” said Low.

“Especially when the New Brunswick Court of Appeal has firmly stated that courts should not be making declarations of aboriginal title over private land, saying that would be the ‘death knell of reconciliation.'”

Montrose previously argued that it did not intend to relitigate the evidence supporting the Cowichan Tribe’ title claim or reopen the entire years-long trial, which saw Justice Young accepting significant “oral evidence.” Instead, the company sought an opportunity to provide written submissions and limited evidence addressing the implications of the decision for its properties.

The company owns an extensive industrial and landfill operation near Blundell Road in southeast Richmond. Its holdings include a former construction and demolition landfill that has been redeveloped with more than 1.3 million sq. ft. of industrial space occupied by tenants including Coca-Cola Bottling and Canadian Tire.

Montrose has maintained that the Aboriginal title ruling has created uncertainty surrounding its ability to finance new construction, enter long-term leases and rely on its land as security for loans.

cowichan tluqtinus claim area southeast richmond

Cowichan First Nation’s claimed area in southeast Richmond. (Google Maps)

Richmond Industrial Centre. (Montrose Properties)

In last month’s ruling that rejected the request made by the developer, Justice Young put greater weight on the possibility that this would lead to the opening of floodgates for private property and business owners, be inefficient and drag the process out.

She went as far as to call the developer’s request an “abuse of process,” and asserted that the developer was aware of the court proceedings years ago, but chose not to apply to be added as a party until after the trial’s conclusion.

“Montrose’s application is dismissed as an abuse of process for relitigation. It is not necessary to address the plaintiffs’ other preliminary objections to the application, nor is it necessary to determine the merits of Montrose’s application to be added as a party, to reopen the trial, or alternatively, to participate as an intervenor,” reads her June 2026 ruling.

“Allowing this application could incentivize third parties to take a wait-and-see approach to joining litigation until after reasons for judgment are released. 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,” she continued.

Montrose Properties’ newly filed appeal is distinct from the broader appeals challenging Justice Young’s August 2025 ruling. Montrose said all existing parties to the case have already appealed last year’s main decision, including the federal and provincial governments, City of Richmond, Musqueam First Nation, and the Tsawwassen First Nation.

The company expects its appeal concerning party status and the reopening of the trial to be heard well before the appeals dealing with the substance of the Aboriginal title ruling.

Montrose has not yet publicly detailed the specific grounds on which it will challenge Justice Young’s June 2026 decision. The company said its full legal arguments will be filed as the appeal moves forward.

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