VICTORIA — A British Columbia Supreme Court judge has ruled against a company that was trying to reopen a landmark Aboriginal title decision after the original trial lasted more than 500 days.

The court ruled in August that the Cowichan Tribes have Aboriginal title over a portion of Crown, city and private land in Richmond, saying the Crown’s granting of private titles on the land “unjustifiably” infringed on the Cowichan title.

Montrose Properties, the area’s largest landowner, tried to get the case reopened, arguing it was unfairly omitted from the original trial and that its fee simple land interests are directly affected by a declaration of Aboriginal title.

While the Cowichan Tribes did not seek to have private titles invalidated, and are not laying claim to those lands, the case has led to concerns that it puts private property at risk and all parties are appealing the ruling.

Justice Barbara Young says in her ruling this week that the Montrose claims were addressed in her initial ruling over the course of a lengthy trial by well-resourced parties.

She says that while Montrose wasn’t given formal notice of the original proceeding, it knew about what was happening and chose not to apply to be added as a party until long after the conclusion of the trial.

“I agree with the plaintiffs that allowing this application 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,” she said.

“This sort of sprawling process, long after trial has concluded, would be inefficient, disruptive to the parties, and would not enhance the integrity of the administration of justice.”

This report by The Canadian Press was first published June 30, 2026

The Canadian Press