Opinion: Montrose Properties can testify to how it has been harmed by ruling, information that was not before the courts before. The Cowichan Nation opposes the Montrose application to reopen the case

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VICTORIA — The federal and provincial governments have filed court statements to support Montrose Properties, the company seeking to reopen the case that last year recognized Aboriginal title over a swath of south Richmond.

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Both governments urge B.C. Supreme Court to grant the application because Montrose was excluded from the five-year trial that ended with recognition of Aboriginal title over about two square kilometres of the company’s private land.

“The province respectfully submits that a real issue exists,” says B.C.’s submission, filed last week with B.C. Supreme Court Justice Barbara Young, who decided the title case in favour of the Cowichan Tribes last August.

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“Montrose brings a perspective that is different from that of the parties involved in the litigation,” B.C. argues. “As a private........

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