Property owners in British Columbia have filed a class action lawsuit against provincial and federal governments, alleging they knowingly misled the public about land title security while aware of unresolved Indigenous claims.
The lawsuit, filed November 21 in BC Supreme Court, stems from an August ruling that granted the Cowichan Nation Aboriginal title to approximately 300 hectares in Richmond, affecting around 150 private properties.
Named plaintiffs Jasjeet Rampee Grewal, a Burnaby hazardous materials company owner, and an unnamed Richmond property owner identified as John Doe claim governments continued collecting property taxes based on full market values while knowing Aboriginal title claims could undermine ownership security.
“The Defendants, despite having long-standing internal knowledge of material risks to land security, continued to assure the public that the title registered under the Land Title Act was safe, marketable and free from material qualification,” the lawsuit states.
The proposed class includes all BC property owners registered as of August 7, 2025, who subsequently faced economic setbacks when attempting to refinance, sell, or rely on property equity.
The lawsuit alleges misfeasance in public office, negligent misrepresentation, and breach of statutory duty. Plaintiffs seek general and special damages, restitution of taxes and fees collected “under misrepresented conditions,” and declarations requiring full disclosure of known risks affecting registered properties.
Justice Barbara Young’s August ruling found that Aboriginal title can co-exist with private fee-simple title, directing the Crown to negotiate how to reconcile the overlapping claims. The decision suspended implementation for 18 months to allow parties time to reach arrangements.
BC Premier David Eby has appealed the Cowichan decision and sought a stay of implementation. The province maintains its commitment to protecting private property rights while pursuing reconciliation with Indigenous peoples.
A recent Angus Reid poll found 67% of BC residents seriously concerned about the ruling’s impact on property rights, with 60% supporting the government’s appeal.
The Cowichan Nation has stated it does not seek to displace private homeowners. However, legal experts note significant uncertainty remains about how the co-existence of Aboriginal and private title will function in practice.
Neither the provincial nor federal governments have filed responses to the lawsuit. No court has tested or proven the allegations.
The case is the first separate civil suit to emerge from what legal observers describe as a precedent-setting decision following Canada’s longest trial, which began in 2019.
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