The Globe and Mail reports in its Tuesday edition that B.C. Supreme Court judge Barbara Young has dismissed an application by private owners of a swath of industrial land near Vancouver to reopen a lengthy court case that has thrown the legal status of their property into question.
The Globe's Andrea Woo writes that Ms. Young dismissed Montrose Property Holdings' application to re-examine settled issues in the Cowichan Tribes' aboriginal title case, ruling it as an abuse of process.
She said, "It is in the interests of the public and the parties that the decision at trial is final."
She said the proper forum for challenging the ruling is through an appeal, which is already under way.
Montrose said it is mulling its options. It is the largest landowner in the title area, with holdings including a Coca-Cola bottling plant and a Canadian Tire depot. It sought to reopen the trial and question whether it's appropriate for a court to make findings of title over private land when the landowners were not part of the trial.
Cowichan's lawyers argued that the application was an abuse of process, claiming it would undermine years of litigation and encourage third parties to delay joining the case until after a trial's outcome.
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