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

Go green this holiday season with light recycling and energy saving in Cowichan

It’s true, Bings Creek, Meade Creek and Peerless Road facilities all accept the strands.

N. Cowichan rejects Motorsport rezoning for a second time

The surprise of the night came when Siebring switched to the no side

Dashcams to be installed on South Cowichan school buses

“disturbing tend” of “motorists disregarding school bus stop signs and putting our learners at risk”

Seymour re-elected chief of Cowichan Tribes

Council’s 12 seats also decided

Lexi Bainas column: Music, miniature masterpieces, and a long-lost banjo

Some truly heartwarming news last week: Chuck McCandless has his banjo back!

VIDEO: Merriam-Webster declares ‘they’ its 2019 word of the year

Declared word of year based on a 313-per-cent increase in look-ups on the company’s search site

Competitive Christmas decorating takes sarcastic turn in Princeton, B.C.

Heather King of Princeton took a creative and stress-free approach to her holiday display this year

RCMP asks Kootenay cannabis shop to remove image of famous Mountie from storefront

Owner happy to comply with RCMP, but wants more information first

BC Ferries adds 170 extra sailings for the holidays

6 a.m. and 10 p.m. sailings added for busy season

Anti-money laundering agency warns casinos to watch gamers playing with bank drafts

Financial Transactions and Reports Analysis Centre of Canada, known as Fintrac, issues operational alert

Strata rental bans escape B.C. speculation tax through 2021, Carole James says

Vacant home tax won’t apply to cabins accessible only by water

China hints at national security trials for 2 Canadians detained for one year

The two Canadians’ detention is largely seen as retaliation for the arrest of a Huawei exec

B.C. seaplane company set to test the first commercial electronic plane

The plane is powered by a 750 horsepower electric motor

Most Read