BURST
A Burnaby resident says he is launching a proposed class-action lawsuit to seek damages over B.C. and Canada’s handling of Aboriginal land claims because of the uncertainty created around private land ownership.
J.R. Rampee Grewal said he is concerned that a recent B.C. Supreme Court ruling that granted the Cowichan Tribes Aboriginal title to lands in Richmond will have ramifications for private land holders throughout B.C. That ruling is being appealed by B.C., Canada, the City of Richmond, and the Musqueam and Tsawwassen First Nations.
“Sooner or later, it’s going to affect everybody,” says Grewal, who owns a home in Burnaby and runs a hazardous waste material removal business.
The proposed class-action suit filed in B.C. Supreme Court this month seeks damages from the provincial and federal government for their handling of Aboriginal land claims, and the resulting impact on B.C.’s land ownership system and property values.
The recent Cowichan ruling ruled that Aboriginal title and fee-simple title can co-exist. B.C. Supreme Court Justice Barbara Young noted that while the Cowichan are not pursuing exclusive use and occupation of privately owned lands, they might choose to do so in the future through negotiation or legal action.
The Cowichan and other First Nation groups have said B.C. and Richmond’s messaging on the ruling are causing unnecessary fears .
The proposed class-action has been filed on behalf of Grewal and a potential Richmond resident, named as John Doe. The suit claims to include all British Columbians who, after the Cowichan ruling and its alleged impact on the land title system, suffered economic or mental harm when they took steps to refinance, sell or use the equity in their property.
“The defendants, despite having long-standing internal knowledge of material risks to land security — given unresolved Indigenous claims to title — continue to assure the public the title registered under the Land Title Act was safe, marketable and free from material qualification,” alleges the proposed class-action suit.
“By maintaining these representations and collecting taxes, fees and charges based on inflated or misinformed property values, the defendants caused economic and psychological harm to the plaintiffs and class members.”
The suit seeks general damages for loss of property value and mental distress. It also seeks special damages for loss of investment financing or sale opportunities, and calls for payback of taxes and fees collected under alleged misrepresented conditions.
The suit also seeks punitive damages and a declaration that B.C. and Canada’s conduct was unlawful and contrary to their duties of good faith. It also calls for a full disclosure of known risks affecting registered property in B.C.
Neither B.C. nor Canada have responded in court.
In response to questions from Postmedia, the B.C. Ministry of Attorney General said it was aware of the suit but had not been formally notified.
In a written statement, ministry officials said land titles across B.C. remain valid, noting that the Cowichan’s claim is to a very specific area that encompasses about 150 properties in Richmond. “ Our legal team is using the strongest legal arguments available to protect the rights of private property landowners in the Cowichan case. We believe fee-simple property rights in B.C. must be protected,” the ministry said in an email.
One of the proposed class-action suit’s lawyers, John McGreevy, said it was too early to comment on the proposed legal action.
Class-action suits have to be approved by the court and meet criteria such as having a valid legal claim and a representative plaintiff who will adequately and fairly represent the class-action.
In the recent Cowichan case, the First Nation won title to about half of the 7.5 square kilometres it had claimed, land owned by the City of Richmond and federal Vancouver-Fraser port lands, but also homes, farms, a golf course and commercial land.
The Cowichan did not seek to displace private land owners or invalidate their titles.
The ruling found only that ownership of the city and federal lands were “defective and invalid” and ordered the province to negotiate a settlement with the Cowichan.
However, the court did not rule that private lands were off limits, with the judge saying said the declaration of Aboriginal title may give rise to some uncertainty for fee-simple titleholders and it may have consequences for their interest in the land.