A class action lawsuit has been filed in the Supreme Court of British Columbia against the governments of BC and Canada over their handling of the Cowichan title case.Plaintiffs argued on behalf of their fellow citizens that the defendants misled property owners by "failing to disclose known material risks affecting the reliability and market value of land ownership."The suit was brought by Burnaby-based hazardous material removal company owner Jasjeet Grewal and "John Doe," a Richmond man who owns property in the area impacted by the Cowichan Decision. .Responses to the Cowichan Decision, in their own words.The "class" in this case consists of everyone who bought property in BC before the ruling was handed down on August 7, 2025 under the impression the province's Torrens land system was "sacrosanct" and "who then subsequently took steps to refinance, sell or rely on equity in said real property and incurred economic setbacks and real, equitable or other loss, both financial and mental, attributable to an inability to rely on the Torrens land system as the valid legal framework and backstop for real property holdings" in BC.Those living elsewhere in Canada may also be added to the suit for similar reasons..The suit claimed the governments in question "knowingly made or maintained false or misleading representations regarding the security of registered title and the foreseeable risks to land ownership in British Columbia," and "knew or were reckless as to the unlaywfulness of their conduct and the likelihood that it would cause harm to property owners."It was argued that the defendants "owed a duty of care to property owners and purchasers to take reasonable care that representation made in official registries, public statements and government publications regarding land title security were accurate and complete," and that property owners "reasonably relied on the Defendants' representations to their detriment, suffering financial losses and loss of peace of mind.".EXCLUSIVE: Mortgage brokers sound alarm over Cowichan Decision's impact on landowners.Plaintiffs also claimed the governments' conduct amounted to "the tort of deceit, unjust enrichment through the collection of taxes and fees based on misrepresented property security, and a violation of Section 7 of the Canadian Charter of Rights and Freedoms."They are seeking "general damages for loss of property value and mental distress" and "special damages for loss of investment financing or sale opportunities," as well as restitution or disgorgement of taxes and fees "collected under misrepresented conditions" and punitive damages.Also sought are admissions that the defendants were in the wrong, and "a declaration requiring full disclosure of known risks affecting registered property in British Columbia.".The BC government has been widely criticized for failing to notify impacted residents that their properties had been involved in the Cowichan case. In the weeks since, Premier David Eby and his team have been working with property owners to gather evidence as they prepare to seek a stay of the decision.Officials acknowledged that it is "a time of uncertainty for people within the claim area and that many people have a lot of questions."
