Legal fees are piling up for 36 former tenants of Ottawa's Heron Gate community who filed a human rights complaint after being evicted in 2018.

The claim, filed with the Human Rights Tribunal of Ontario last spring, accuses Timbercreek Asset Management of racial discrimination, and the City of Ottawa of being complicit in the evictions of an estimated 500 people.

The landlord claimed their units had deteriorated beyond repair.

Thirty-six claimants are seeking $50,000 each, plus the right to return to Heron Gate and live in a unit of similar size once the community's redevelopment is complete.

They've been raising money through a legal defence fund, but the fund has almost run dry.

About halfway through the process, the group has spent close to $40,000 in legal fees, and their lawyer, Daniel Tucker-Simmons, said he expects the final tally to reach $100,000.

Lawyer Daniel Tucker-Simmons is representing former residents of Heron Gate in a human rights complaint against landlord Timbercreek and the City of Ottawa. (CBC)

'It's frustrating'

But the Heron Gate Tenant Coalition said it's burning through its resources quickly.

"It's frustrating, it's really frustrating," said Tammy Mast, a member of the coalition. "It really demonstrates that justice isn't free, and it's not equally available to everyone."

The group said it's committed to the claim, and continues to fundraise because members believe the case could set a precedent.

Tucker-Simmons said it could also lead to binding orders.

"The ideal situation is that the tribunal says that the City of Ottawa has a legal obligation, prior to approving redevelopments, [to] consider the impact on protected groups, in particular people of colour, immigrants, racialized communities, people receiving social assistance," he said.

The proposed redevelopment includes 16 new highrise towers. (Timbercreek and DIALOG)

Complainants allege discrimination

The complaint alleges Timbercreek uprooted a community made up largely of low-income immigrant families with the aim of building new apartments to attract a "predominantly affluent, adult-oriented, white and non-immigrant community in its stead."

It also suggests the city failed in its obligations under international human rights law and the provincial human rights code to ensure the development doesn't displace members of marginalized groups.

None of the allegations has been proven before the tribunal.

CBC contacted Timbercreek for comment, but no one was available to speak. Instead, Timbercreek offered a copy of its September 2019 release responding to the claim, which states: "While we respect the rights of the individuals to pursue legal challenges through due process, we feel the current case before the HRTO is without merit."

Timbercreek asserts it undertook the demolition of the townhouses at Heron Gate in the interest of "resident safety."

The residents claim Timbercreek deliberately allowed the townhouses to fall into disrepair to justify the mass eviction.