November 25,2025
RED FM News Desk
A proposed class action lawsuit claims the federal and B.C. governments kept property owners uninformed about the implications of the Cowichan Tribes Aboriginal title ruling.
Filed in B.C. Supreme Court, the suit appears to be the first standalone civil action stemming from the landmark decision that found Aboriginal title co-exists with fee simple ownership on roughly 150 private properties in Richmond, B.C.
The claim alleges that both the federal and provincial governments failed to “properly defend the rights of property owners” affected by Justice Barbara Young’s ruling, which granted the Quw’utsun (Cowichan) Nation Aboriginal title to between 300 and 325 hectares of land just east of the Massey Tunnel, an area that once contained a traditional village. The decision has sparked confusion and uncertainty about the validity and status of private ownership, even as Indigenous leaders describe the responses from Richmond and the province as fear-mongering and counterproductive to reconciliation. Young’s ruling does not void individual property rights, but she said the Crown must work with the Quw’utsun to “negotiate and reconcile” the coexistence of Aboriginal title and private property. She suspended her decision for 18 months to give governments time to assess its implications and determine next steps.
The province, the City of Richmond, and other parties are all appealing the ruling.
According to the Nov. 21 filing, both senior levels of government misled property owners by assuring the public that private property remained “safe, marketable and free from material qualification,” despite knowing unresolved Indigenous land claims posed potential risks.
The lead plaintiff, Jasjeet Rampee Grewall, owns a hazardous materials removal company in Burnaby. A second plaintiff, identified as “John Doe,” represents a Richmond property owner and serves as a placeholder until additional class members are identified.
The lawsuit seeks remedies that could apply to all private property owners in B.C., including general damages for “loss of property value and mental distress,” as well as “restitution or disgorgement of taxes and fees collected under misrepresented conditions.”
It also seeks a declaration that the federal and provincial governments acted unlawfully and breached their duties of good faith and candour, along with an order requiring full disclosure of all known risks affecting registered properties in British Columbia.
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