The foreign buyers’ tax in B.C. increased to 20 per cent in 2018, up from 15 per cent in 2016. (THE CANADIAN PRESS)

Court rejects Chinese citizen’s constitutional challenge of B.C.’s foreign buyers’ tax

Judge rules that the tax does not discriminate based on race or national origin

The B.C. Supreme Court dismissed this week a Chinese citizen’s challenge of the province’s foreign buyers’ tax.

In his decision, Justice Gregory Bowden rejected Jing Li’s argument that the additional property tax doesn’t discriminate against people based on ethnic or national origins, and instead focuses on citizenship.

The foreign buyers tax, which was increased by the Horgan government from 15 to 20 per cent in February 2018, was first launched in August 2016 in order to help bring repreieve to an over-inflated housing market in the province’s largest cities.

Jing, who moved to Canada in 2013 and is not a Canadian citizen, accused the province of violating the Charter of Rights and Freedoms and discriminating on the basis of race, nationality, ethnic origin or colour.

ALSO READ: Election results means more tax for foreign buyers, little change on mortgages

Jing purchased property in Langley in July 2016 for roughly $559,000, with GST of $28,000. The final payment was due that November, when the tax was in effect, and Jing had to pay an additional $84,000.

Her lawyers argued the tax imposes an unfair burden on immigrants, specifically Chinese people, whom they referred to as the largest group of immigrants in Greater Vancouver and “more likely to purchase real estate than others.”

They also urged the court to consider how the tax “perpetuates prejudice towards, and the stereotyping or disadvantages of, Chinese people in B.C.”

But Bowden sided with the lawyers representing the province, citing the expert testimony of Simon Fraser University urban studies professor Andrew Yan.

His research argues that Canadian citizens or permanent residents of Chinese descent are “equally affected by housing affordability and equally will benefit from any measures that improve affordability.”

Bowden added that the tax received “overwhelming support” among Asian people in Greater Vancouver, and that the tax is intended to address the unaffordability in the region – specifically in Vancouver – which he said has “become one of the most expensive real estate markets in the world.”


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

VIDEO: Vancouver Giants blank Cougars 4-0

Goaltender David Tendeck turned aside all 38 Prince George shots for his WHL-leading third shutout

Aldergrove Library goes retro with technology event

Vintage technologies such as LPs, rotary phones will be spotlighted at Retro Tech Tryout.

VIDEO: A narrow defeat for Langley Rams at Canadian Bowl

Saskatoon Hilltops have now won six CJFL championships in a row

VIDEO: Multiple fire department units called to Brookswood house fire

Blaze appeared to have started in a parked trailer

Abortions rights advocates urge Liberals to turn politics into policy

Conservative Leader Andrew Scheer was pressed to clarify his stance abortion over several weeks

Closing arguments begin in B.C. case launched in 2009 over private health care

Dr. Day said he illegally opened the Cambie Surgery Centre in 1996 in order to create more operating-room time

MacLean says “Coach’s Corner is no more” following Cherry’s dismissal from Hockey Night

Cherry had singled out new immigrants in for not honouring Canada’s veterans and fallen soldiers

MacKinnon powers Avs to 5-4 OT win over Canucks

Vancouver battled back late to pick up single point

Dallas Smith, Terri Clark to perform on CP Holiday Train’s B.C. stops

Annual festive food bank fundraiser rolling across province from Dec. 11 to 17

Poole’s Land finale: Tofino’s legendary ‘hippie commune’ being dismantled

Series of land-use fines inspire owner Michael Poole to sell the roughly 20-acre property.

Paul Bissonnette joins Vancouver Warriors after tweeting he could walk on to an NLL club

Bissonnette will join the Warriors for their final week of training camp at Rogers Arena

Port Alberni mom takes school district to court over Indigenous smudging, prayer in class

Candice Servatius, who is an evangelical Christian, is suing School District 70

Body found after SUV found fully engulfed in flames in Abbotsford field

The Integrated Homicide Investigation Team have been called in

Most Read