The dispute stemming from the Supreme Court of British Columbia’s decision to designate a large tract of southeast Richmond as Aboriginal title land belonging to the Cowichan Tribes continues to escalate.
On Thursday, a major industrial property owner and developer announced it will launch its own legal challenge in an effort to protect its fee simple land holdings within the claim area — home to one of Metro Vancouver’s largest industrial hubs, hosting logistics facilities and warehouses used by multinational companies.
Richmond-based Montrose Properties will apply to the B.C. Supreme Court to be named a party in the litigation and to have the court’s decision reopened. Currently, the City of Richmond, the provincial and federal governments, and the Musqueam Indian Band — all previously named as defendants in the years-long trial — are moving to appeal trial judge Justice Barbara Young’s decision. The developer’s application will be filed in the coming days.
“As one of many private landowners surprised by the impact of a case that we were not even party to, we have no choice but to take this step,” said Ken Low, president and CEO of Montrose Properties, in a statement on Thursday.
“Because the final order has not yet been entered, we believe the court has both the ability and the responsibility to let us be heard before any final orders are made that affect us.”
About a decade ago, during early pre-trial proceedings, a different judge ruled that private landowners would not be formally notified of the case — a responsibility that would normally fall to the plaintiff, in this instance the Cowichan Tribes. At the time, the court determined that involving potentially hundreds of landowners would make the proceedings unwieldy.
Back then, the First Nation also suggested that they were only pursuing public/government-owned properties in the area, but later on during the trial it was noted by their legal team that they wanted the exclusive right to decide how all of the land is used, including whether it may be developed, transferred, or accessed by others.
In early August 2025, Justice Young sided with the claims made by the Cowichan Tribes, and designated 40 per cent of 1,846 acres sought by the First Nation as under their Aboriginal title. This includes both public/government and fee simple private lands.
Many private landowners only found out about the litigation impacting their properties last month, when the municipal government sent a letter to about 150 fee simple properties in the land claim area, including residential, commercial, industrial, and agricultural properties.
Cowichan Tribes’ land claim area in southeast Richmond. (City of Richmond)
Richmond Industrial Centre. (Montrose Properties)
City officials have warned property owners that the appeal process could take years, advancing through B.C.’s highest court and potentially ultimately to the Supreme Court of Canada. During that time, owners could be left in prolonged uncertainty, facing potential impacts to property values, mortgage renewals and refinancing, construction financing, redevelopment plans, and tenant acquisition.
Montrose Properties intends to ensure that no findings or declarations affecting its interests are made unless and until it has been fully heard. Its legal team has also notified the lawyers representing the other impacted parties of the forthcoming application to reopen the decision, expressing its hope that they will support the move.
“We have come to realize this needs to be done before an appeal. We do not have the luxury of waiting years to get this all sorted out,” continued Low.
Beyond the federal holdings of the Vancouver Fraser Port Authority’s port facilities and the Vancouver Airport Authority’s new jet fuel terminal and storage complex, as well as significant municipal land assets, Montrose Properties is among the largest — and potentially the largest — private industrial landowners in the affected area.
Richmond Industrial Centre. (Montrose Properties)
According to its website, Montrose Properties’ master plan for its 170-acre industrial park — called Richmond Industrial Centre — envisions 12 buildings, delivering a combined total of three million sq. ft. of industrial space at full build-out and generating about 5,000 on-site jobs from the presence of major businesses.
Work to transform the former construction and demolition landfill site began in 2010. Major site preparation commenced in 2017, including pre-loading of the landfill, extensive civil works, and construction of a two-lane bridge connection to Blundell Road.
Construction of the first building — 200,000 sq. ft. at 8020 Zylmans Way — broke ground in 2019 and was completed in 2020, fully leased to Worldpac. The second building, a 500,000 sq. ft. facility at 8011 Zylmans Way, began construction in 2021 and was completed in 2023, with Wayfair as the sole tenant.
In 2022, the third and fourth buildings were delivered: a 275,000 sq. ft. facility at 8040 Zylmans Way, leased to Coca-Cola Bottling and Ademco, and a 385,000 sq. ft. building at 8031 Zylmans Way, leased to Canadian Tire.
Richmond Industrial Centre. (Montrose Properties)
Richmond Industrial Centre. (Montrose Properties)
As of 2024, four buildings have been completed and fully leased, representing a total of 1.3 million square feet of industrial space and have made a major dent in addressing Metro Vancouver’s major shortage of economically-significant industrial space. As well, the industrial park is strategically next to the port facility.
Montrose Properties is currently seeking tenants for the space of a future fifth industrial building spanning 187,000 sq. ft.
Ecowaste, a subsidiary of Montrose Properties, has plans to build a new major recycling facility on the site — a facility that will greatly improve recycling rates for construction and demolition waste in Metro Vancouver. The project’s value was previously publicly stated to be worth $50 million.
“Montrose Properties supports Indigenous reconciliation and recognizes the significance of the Cowichan Tribes decision by the Supreme Court of British Columbia. At the same time, our properties have been impacted by this decision, through a process in which we were prevented by the Court from taking part,” Low told Daily Hive Urbanized in an email on Oct. 31 following an inquiry.
“As a private landowner and industrial developer, we need certainty around land title to continue to sustain and create jobs and spur economic activity in British Columbia. The decision that Aboriginal title exists over our fee simple land raises important questions, including whether private land and Aboriginal title can coexist. That is why we and others have asked the federal government to refer the matter to the Supreme Court of Canada with some respectful and fair questions, including whether Aboriginal title was extinguished when private land title was created over a century ago,” continued Low.
Richmond Industrial Centre. (Montrose Properties)
Richmond Industrial Centre. (Montrose Properties)
In an interview with Daily Hive Urbanized last week, Richmond city councillor Alexa Loo shared one company with major operations in the area had a $100-million shovel project completely derailed after a major bank withdrew its loan — solely because of the property’s legal uncertainty arising from the August 2025 ruling. She said the project would have created hundreds of jobs.
The Cowichan Tribes have also indicated they will make an appeal of their own to have all 1,846 acres be under Aboriginal title, which would span additional homes, agricultural businesses, major industrial and commercial properties, and even Riverport Sports & Entertainment Complex — entailing Cineplex’s SilverCity Riverport Cinemas, Splitsville Riverport bowling alley, Extreme Air Park, Watermania aquatic centre and Richmond Ice Centre, which was acquired by the City of Richmond in 2019.
Aside from Montrose Properties, the area has other major industrial properties owned by other private entities, home to major distribution facilities for businesses such as Amazon and IKEA.