The B.C. Supreme Court has dismissed an application seeking to reopen the landmark Aboriginal title case that recognized Cowichan Nation’s title to a large area of land along the south arm of the Fraser River.
In a decision released Monday, Justice Barbara Young rejected applications by Montrose Properties and its affiliated companies to be added as defendants and reopen the lengthy trial, finding the request amounted to an abuse of process through relitigation.
The ruling comes after the court’s landmark 2025 decision recognizing the Quw’utsun (Cowichan) Nation’s Aboriginal title over about 300 hectares of land in Richmond known as Tl’uqtinus, where the Nation historically maintained a settlement.
Montrose owns 120 hectares of industrial land within the title area, including property near Canadian Tire and Coca-Cola distribution facilities.
The company had argued it should be allowed to participate in the case after the fact, saying it did not fully appreciate the potential impact of the title ruling on its land holdings until the judgment was released.
However, Young found reopening the case nearly two years after the conclusion of the 513-day trial would undermine the principle of finality.
“It is in the interests of the public and the parties that the decision at trial is final,” wrote Young.
Read the full article at ChekNews: B.C. Supreme Court rejects company’s bid to reopen landmark Cowichan title case.