Biggest landowner in Cowichan area wants Aboriginal title case reopened, in rare move

A company that says it is the biggest private landowner in the Cowichan Tribes’ Aboriginal title area in Richmond, B.C., said it will ask the British Columbia Supreme Court to take the rare step of reopening the landmark case.

Montrose Properties said it should be party to the litigation that resulted in a judgment that critics say casts doubt over private land ownership in the title area and beyond.

Montrose said it owns about 120 hectares of land in the 300-hectare title area next to the Fraser River and it intends to file an application with the court in coming days.

“Montrose’s goal is to ensure that no findings or declarations are made that affect its interests unless and until it has been fully heard,” its statement says.

Ken Low, president of Montrose, said the firm is surprised by the impact of the court case that it was not even a party to, and has no choice but to seek reopening of the case.

In August, the court ruled that the Cowichan Tribes have Aboriginal title over the land, that Crown and city titles on it are defective and invalid, and the granting of private titles by the government unjustifiably infringed on the Cowichan title.

Low said the firm doesn’t have “the luxury of waiting years” while an appeal is heard, so will seek reopening instead.

“While this is not something that happens very often, it is possible, and we think this would be the quickest way to fix the issue for private parties,” says a separate statement from Montrose when asked why it will try to reopen the case. 

The company said its projects, jobs and financing are being “affected right now.”

While the province, the City of Richmond and other defendants have said they plan to appeal — the typical recourse for any party that disagrees with a court decisions — the B.C. judiciary says on its website that in “limited circumstances” a judge could reconsider a decision, so long as any orders related to it have not been entered.

The declarations in the Cowichan decision were suspended for 18 months, so the Cowichan, Canada, and Richmond have time “to make the necessary arrangements.”

Paul Sullivan, a principal with tax firm Ryan, said the company is representing a large number of owners in the Cowichan claim area, and they plan to appeal against their tax bills with the BC Assessment authority over the next couple of months. 

“The properties in this region range from one million to up to a billion dollars. The total assessed value of the entire claim area is $2.5 billion,” said Sullivan, adding that his firm will be representing the majority of the properties in the area. 

Sullivan said the major developers and investors he has spoken with “would not go near” a purchase for one of the properties in the title area.

Sullivan, who has been working in the property tax service industry for more than 30 years, said the Cowichan title case is “probably the most significant valuation issue” he has ever come across. 

“I’m not only concerned for the individual taxpayers, but I’m also concerned for the taxing authorities, the municipalities, and how we sustain our cities and pay for infrastructure,” he said. 

Sullivan said he doesn’t think there has ever been a “riskier situation” on property valuation than this case. 

“How are we going to solve this before we create so much anxiety and harm in relationships in our communities? I hate seeing what’s going on right now, and there had to be a better way to approach this,” said Sullivan.

He said he doesn’t see an easy route out of the situation. 

Owners felt cheated because they were not told earlier about the ruling and they are scared to talk about it publicly because they don’t want to be perceived as racists, Sullivan said. 

The judge in the case declined to have the court reach out to private property owners in the title area, and some say they only found out about the ruling after they received a letter from the City of Richmond about the decision last month.

“I think our Canadian society really does want to work with the (First) Nations and repair relationships, but nobody’s prepared to give up their property, and so they’re angry,” said Sullivan.

“But they’re a little nervous about getting out and talking publicly, because they don’t want to get characterized as some of those against the nations.”

This report by The Canadian Press was first published Nov. 7, 2025.