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

Columbia River Treaty: ‘It is going to get tough’

B.C. negotiator tells Nelson meeting that talks are cordial, so far

Snowfall warning for Kootenay and Paulson passes

Up to 30 cm expected in mountain passes Saturday and Sunday.

Music at the Hangar

On Sunday November 17 at 2 p.m., the Golden Seniors Centre will… Continue reading

Moose tests positive for Chronic Wasting Disease in northwest Montana

This is the first time the disease has been detected in the species in Montana

BCTF rejects mediator’s recommendations for settlement

Negotiations between B.C. teachers and the province will continue

B.C. politicians view supermodel’s transition journey on Transgender Day

Liberal MLA Jane Thornthwaite and New Democrat MLA Spencer Chandra Herbert appear in the documentary

VIDEO: B.C. high school’s turf closed indefinitely as plastic blades pollute waterway

Greater Victoria resident stumbles on plastic contamination from Oak Bay High

B.C. mayor urges premier to tweak road speeds in an ‘epidemic of road crash fatalities’

Haynes cites ICBC and provincial documents in letter to John Horgan

South Cariboo Driver hits four cows due to fog

The RCMP’s investigation is ongoing

B.C. won’t appeal decision protecting ICBC court experts

Change to evidence rules next to save money, David Eby says

Northern Silica to temporarily shut down

On Wednesday, November 20, the Northern Silica Corporation informed their employees that… Continue reading

1898 Yukon gold rush photo featuring Greta Thunberg look-alike sends internet into tailspin

Jokes erupted this week after a 120-year-old photo taken by Eric A. Hegg surfaced from archives

BC Ferries’ two new hybrid vessels set sail for B.C. from Romania

Two Island Class ferries to be in use by 2020

Distracted driving tickets not for ICBC revenue, B.C. minister says

Minister Mike Farnworth calls SenseBC analysis ‘nonsense’

Most Read