Montrose Properties is asking a B.C. Supreme Court judge to re-open the Cowichan Tribes trial because last summer’s judgment granting Aboriginal title in the case caused a “tectonic shift” for the Richmond landowner.
The land owner argued on Day 1 of a two-day hearing on Monday that its financial interests were directly and significantly impacted by the decision by Justice Barbara Young last Aug. 7 that granted Cowichan Tribes Aboriginal title over a large part of southeast Richmond.
Montrose owns warehouses, a Coca-Cola bottling plant and other facilities on the land and has said the ruling has affected the status of its holdings and, in one case, led to a potential deal being put on hold after Cowichan Nation was granted title to the land in a court case Montrose was not involved in.
The Montrose lawyer, Joan Young, argued in a Victoria courtroom on Monday that it is entitled to be included as a defendant and it wants the case reopened, which she said was rare but not unprecedented.
The company wants the chance to provide evidence about the how the judgment directly affects its fee simple ownership and its business interests, she told court.
“This is an significant uncertainty for Montrose” to the extent that it could affect whether they could continue to retain 100 per cent of the economic benefits that they have from their ownership now that the court has ruled fee simple ownership and Aboriginal title both exist on its lands.
Submissions followed by the federal and B.C. governments, both named in the lawsuit filed by Cowichan Tribes in 2014.
Both governments’ lawyers support Montrose’s bid to be added as a defendant and to re-open the case to hear how Montrose, and by extension the other 150 landowners with fee simple ownership, could be affected.
Read the full article at Vancouver Sun: Montrose Properties argues B.C. judge should reopen Cowichan land claim lawsuit.