The Cowichan Tribes v. Canada Decision: A Timely Reminder to Act Within Your Expertise

The B.C. Supreme Court decision in Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 has led BCFSA to issue this guidance for licensees dealing with properties in the area of Richmond to which the decision applies. It is intended to help you stay within your professional responsibilities when working with clients.

As with any situation where clients have questions about legal matters related to land title, licensees are reminded to act within the scope of their expertise. Staying within your professional boundaries helps protect both you and your client.

What You Should Do:

• Advise clients to seek independent legal and professional advice. Licensees can provide information that is factual and publicly available but should avoid interpreting legal decisions or advising on legal outcomes. You have a duty to advise your client to seek independent legal and other professional advice on matters outside of your expertise. 
• Conduct additional due diligence when representing clients in situations where questions about title or related matters may arise.  
  • When representing a buyer, this may include advising your client on appropriate conditions to include in an offer to purchase property, such as time to obtain independent legal advice, confirm financing details with their lender, and investigate questions related to title and insurance.     
  • When representing a seller, this may include advising clients to seek legal or other professional advice to understand any questions they may have related to their disclosure obligations, or property more generally, before proceeding with a listing. 
• Document your advice and your client’s instructions in writing. Documenting your discussions with clients – including any advice to obtain legal, financing or other professional guidance – helps maintain a record of the information shared through the transaction and your client’s instructions. 

BCFSA will be monitoring developments and provide further information and guidance to licensees where warranted.

For questions about licensee duties or land titles more generally, reach out to BCFSA’s Practice Standards Advisors:

Email: advisor@bcfsa.ca
Phone: 604-660-3555 or toll-free 1-866-206-3030