A British Columbia Supreme Court judge dismisses an application to reopen a landmark Aboriginal title decision involving the Cowichan. The original case ran for more than 500 days, and a company based in Richmond, B.C., later seeks to have the matter reconsidered. In ruling against the company, the judge says the request is an “abuse of process for relitigation,” meaning it is not permitted to bring the case back for further review. The decision also indicates the court will not allow attempts to relitigate issues already resolved in the earlier Aboriginal title proceedings. Based on the report, the ruling is issued in Victoria and addresses the procedural challenge to reopening the landmark decision, rather than ordering a new trial on the Aboriginal title claim. The company’s bid is therefore denied and the earlier landmark ruling remains in effect. The case is described as significant because of its duration and its Aboriginal title implications for the Cowichan.
B.C. Supreme Court rejects bid to reopen landmark Cowichan Aboriginal title case
A British Columbia Supreme Court judge dismisses an application to reopen a landmark Aboriginal title decision involving the Cowichan. The original case ran for more than 500 days, and a company based...
- A B.C. Supreme Court judge denies a bid to reopen a landmark Cowichan Aboriginal title decision.
- The original trial lasted more than 500 days.
- The applicant is a company based in Richmond, B.C.
- The judge rules the reopening application is an “abuse of process for relitigation.”
- No reopening or new trial is ordered in the decision described in the report.
VICTORIA — An attempt by a Richmond, B.C., company to reopen a landmark Aboriginal title case after the original trial lasted more than 500 days is an "abuse of process for relitigation" and will not be allowed, a B.C.
2 hours agoVICTORIA — A British Columbia Supreme Court judge has ruled against a company that was trying to reopen a landmark Aboriginal title decision after the original trial lasted more than 500 days.
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