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A 15-per-cent tax on foreign homebuyers in Metro Vancouver is unconstitutional and unfairly discriminates against people from Asia, a proposed class-action lawsuit against the British Columbia government argues.

An amended document filed in B.C. Supreme Court last week argues the so-called foreign-buyers’ tax is unconstitutional because it violates equality rights by making an “arbitrary” distinction between those who are citizens and permanent residents of Canada and those who are not.

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“The disadvantage perpetuates prejudice and stereotyping on the basis of national origin,” the 26-page lawsuit says.

“The foreign nationals’ property tax is disproportionately felt by person whose national origin is from an Asian country, a class of persons that have historically suffered discrimination in British Columbia.”

The lawsuit, which was originally filed in September, says the tax unfairly assumes foreign nationals are wealthier than Canadians, and argues it violates dozens of international treaties guaranteeing equal treatment to non-Canadian citizens and permanent residents.