Judge rejects Richmond developer's request to reopen Cowichan Aboriginal title case | Daily Hive

Richmond Industrial Centre. (Montrose Properties)

The same B.C. Supreme Court judge who presided over last year’s highly controversial decision has rejected an attempt by a major Richmond-based property owner and developer to reopen the landmark Cowichan Tribes Aboriginal title case, closing one avenue for a company that argued its lands were directly affected by the court’s historic ruling despite never being a party to the litigation.

The decision, issued late last month by Justice Barbara Young, dismissed an application by Montrose Properties seeking to be added as parties after trial and to reopen portions of the proceedings before the final order was entered.

“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 ruling.

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Justice Young argues that while Montrose Properties was not provided with formal notice of the proceedings, it was aware of the proceedings, but chose not to apply to be added as a party after the conclusion of the trial.

She sided with the Cowichan Tribes’ arguments to not add the company as a party and reopen the case, asserting that following Montrose Properties’ request at this juncture “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. 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.”

“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.

The application stemmed from Justice Young’s August 2025 decision in the Cowichan Tribes case, which followed a 513-day trial that first began in 2019. Earlier this year, Montrose Properties formally sought to participate in the case by asking that it be reopened, arguing that portions of its Richmond industrial and landfill properties fall within the area affected by findings related to Aboriginal title and that it should have an opportunity to make submissions on the implications for private landowners.

Montrose Properties’ master plan for its 170-acre industrial park — called Richmond Industrial Centre — envisions 12 buildings, delivering a combined total of three million sq. ft. of industrial space at full build-out and generating about 5,000 on-site jobs from the presence of major businesses.

Richmond Industrial Centre. (Montrose Properties)

Richmond Industrial Centre. (Montrose Properties)

The company began transforming the former construction and demolition landfill in 2010, with construction starting in 2017. It has since completed four buildings totalling more than 1.3 million sq. ft. of industrial space, with tenants including Coca-Cola Bottling and Canadian Tire.

Montrose Properties was in the planning process of building a fifth warehouse building, but its lender has backed away due to last year’s decision by Justice Young, as it can no longer confirm it has clear title over the property.

Ecowaste, a subsidiary of the company, also has plans to build a new major recycling facility on the site — a facility that would greatly improve recycling rates for construction and demolition waste in Metro Vancouver.

Justice Young ruled that Montrose Properties’ attempt to join the case came too late and that any challenge to the underlying judgment should instead be pursued through the appeal process led by the federal, provincial, and municipal governments and other parties, including the Musqueam and Tsawwassen First Nations.

In a statement issued following the court’s latest decision, Montrose Properties indicated it is considering further legal action.

“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 Ken Low, president and CEO of Montrose Properties, told Daily Hive Urbanized upon inquiry in late June.

The Cowichan Tribes decision is one of the most consequential Aboriginal title rulings in B.C. history, not only for its impact on about 740 acres of land title in southeast Richmond but how it potentially sets a concerning precedent for public lands and privately-owned fee simple lands across the province, especially in areas where there are land claims.

Justice Young’s August 2025 ruling sided with the claims made by the Cowichan Tribes, and designated 40 per cent of 1,846 acres sought by the First Nation as under their Aboriginal title. This includes both public/government and fee simple private lands, such as properties owned by Montrose Properties.

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.

cowichan tluqtinus claim area southeast richmond

Cowichan First Nation’s claimed area in southeast Richmond. (Supreme Court of B.C.)

richmond cowichan tribes aboriginal title

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

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

“The NDP has let that certainty erode, piece by piece”

The latest ruling by Justice Young has also prompted criticism from the Conservative Party of British Columbia, which argued the outcome highlights broader concerns about how Aboriginal title litigation affects private property owners.

“Private landowners should not have to fight their way into a finished court case because the NDP government abandoned the field and failed to properly defend property ownership from the start. Nobody warned this company their land was on the line, and by the time they found out, the courtroom door was already shut,” said Scott McInnis, BC Conservative MLA for Columbia River-Revelstoke and the party’s critic for Indigenous relations.

“A company spent millions building on land it believed was secure, only to find out years later that its title was in question.”

McInnis called on the provincial government to change its approach to Aboriginal title litigation and provide greater disclosure regarding current and future claims.

“The NDP needs to remove the litigation directives blocking the Crown from even arguing extinguishment in defence of private property owners,” continued McInnis.

“They need to bring forward legislation to protect property rights in this province and lobby Ottawa for constitutional guardrails before more of this gets decided in a courtroom with homeowners locked outside the door. And, they need to immediately disclose every Aboriginal title claim currently before the courts or in negotiation, so people can come forward and get into litigation at the earliest possible stage, not when it’s too late.”

The party’s leader, Kerry-Lynne Findlay, framed the issue as extending beyond a single land dispute.

“At its core, this is about who controls British Columbia,” said Findlay.

“We’re talking about title claims that could reach the streets people drive on, the parks their kids play in, the rivers, the ports, the highways, the hiking trails. If the NDP won’t even tell people when their property is on the table, how can anyone trust it to defend the sovereignty of this province at all?”

“This is about whether British Columbia remains one province, governed by one set of laws, where every person stands on equal footing. The NDP has let that certainty erode, piece by piece. A Conservative government will restore clarity, defend the rule of law, and move this province forward. This province belongs to all of us. It’s time we stood together, as equals,” she added.

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