A proposed class action was commenced in the British Columbia Supreme Court by Jing Li against the Government of British Columbia alleging that certain provisions of the Property Transfer Tax Act, RSBC 1996, c 378 (“PTTA”) which impose an additional 15% tax on the purchase of residential properties by foreign entities in the Greater Vancouver Regional District (the “Foreign Nationals’ Property Tax”) is unconstitutional.
This action is brought on behalf of members of a proposed class consisting of Jing Li, the representative plaintiff, and classes of foreign entities who are nationals of Argentina, Armenia, Benin, Cote d’Ivoire, Czech Republic, Barbados, Peoples Republic of China, Costa Rica, Croatia, Ecuador, Egypt, Hungary, Jordan, Hong Kong, Kuwait, Latvia, Lebanon, Mexico, Panama, Peru, Philippines, Poland, Romania, Russia, Serbia, Slovakia, Tanzania, Thailand, Trinidad and Tobago, Ukraine, United States of America, Uruguay or Venezuela (collectively, the “Treaty Countries”), and who purchased residential property and paid or will pay the Foreign Nationals’ Property Tax during the Class Period.
If you live in BC you will be automatically included as a class member unless you choose to exclude yourself if the case is certified as a class action. If you are not a BC resident, you will have an opportunity to join the action if it is certified. There is no date set yet for certification.
Lawyers from Branch MacMaster LLP, McInnes Cooper and Appleton & Associates are working together to advance the proposed class action.
Within Branch MacMaster LLP, the lawyers responsible for this file are:
Ward K. Branch, Luciana P. Brasil and Chelsea D. Hermanson
1410 – 777 Hornby Street
Vancouver, BC V6Z 1S4
Within McInnes Cooper, the lawyer responsible for this file is:
1969 Upper Water Street
Purdy’s Wharf Tower II
Halifax, Nova Scotia B3J 2V1
Within Appleton & Associates, the lawyers responsible for this file are:
Barry Appleton and Sean Stephenson
77 Bloor Street W
Toronto, ON M5S 1M2
What Happens Next?
The first substantial step in a proposed class action is for the Court to consider whether the action can proceed as a class action, and define the class and the common issues to be determined on behalf of the class. This process is called “certification”. If the action is certified, all persons who fit the class definition will be automatically included in the class, but will have an opportunity to opt out (exclude themselves) from the proceeding. This process typically includes a notice effort.
If you would like to be added to our database of known potential claimants so you can be updated on the progress of this proposed class action and receive direct notification of certification or other substantial steps, please contact:
Branch MacMaster LLP
Barristers & Solicitors
Suite 1410 – 777 Hornby Street
Vancouver , BC V6C 1S4
Attention: Chelsea Hermanson
Please note that registration with us does not mean you are a part of the class action; that determination is made by the Court in the certification process, and what you have is an opportunity to exclude yourself if and when the action is certified. However, registration ensures you receive notice of certification and of the opportunity to exercise your right to opt out or to continue to participate in the action.
This website has been developed to provide general information to potential class members on proposed class actions. This website will be updated from time to time to provide potential class members with information as it becomes available.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
To the extent that we may ask you for further information, the information collected will assist our lawyers in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Branch MacMaster and does not officially make you a member of the class. As noted above, the Court will ultimately decide who will be included as a class member, and if you are included, you may have an opportunity to exclude yourself from the class.