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The Cowichan decision is the most discussed legal topic in Canadian real estate right now. It packed the room at the Vancouver Real Estate Forum.
It’s generating debate among top lawyers.
And most of us in the industry are still trying to figure out what it actually means.
Adam Jacobs sits down with Adam Wheeler, a partner at Fogler Rubinoff, to unpack the Cowichan decision, one of the most talked-about and misunderstood legal developments in Canadian real estate.
What you’ll learn:
- Why the Cowichan decision is the culmination of decades of litigation and legal development.
- How Aboriginal title differs fundamentally from fee simple and why both can legally coexist.
- Why private landowners face minimal direct liability while the Crown bears responsibility for reconciling historic breaches.
- The critical distinction between declarations of Aboriginal title and court-ordered remedies against private property.
- Why Indigenous jurisdiction may actually represent a significant opportunity for developers, lenders, and the broader real estate sector.
Adam Wheeler is a partner at Fogler Rubinoff in the litigation and dispute resolution department, with vast expertise in Indigenous and Aboriginal law, treaty litigation and land claims. With a background spanning criminal, civil and constitutional law, including appearances at all levels of Canadian courts and the Supreme Court, Adam brings deep knowledge to complex territorial and jurisdictional matters.
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