Evicted Heron Gate residents launch human rights complaint

Former Heron Gate residents have launched a human rights complaint against the City of Ottawa and the landlordbehind last year's mass evictions that forced more than 500 people from their homes.

The claim before the Human Rights Tribunal accuses Timbercreek Asset Management which demolished 150 townhouses after saying they had deteriorated beyond repair of racial discrimination, and the City of Ottawa of being complicit in the evictions.

The demolished homes are now piles of rubble behind blue construction fencing.

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• Heron Gate tenants prepare to launch human rights challenge to mass evictions

According to the claim, 90 per centof the evicted tenants of the community, built in the 1960s, were immigrants or people of colour.

Itsays theirforced displacement destroyed a vibrant community that was welcoming to new Canadians.

'Discriminatory' vision

The complaintalleges Timbercreek displaced a largegroup oflow-incomeimmigrant familieswith the aim ofbuilding new apartments to attract a "predominantly affluent, adult-oriented, white and non-immigrant community in its stead."

It also accusesTimbercreekof usingthe strategy of "squeezing" to "increase profits in the short term and expel lower-income tenants over the long term."

Timbercreek deliberately allowed the rowhouses to fall into disrepair over several years so it could use the dilapidation to justify the eviction, the complaint says, and that theiroverarching goal was to build new units at significantly higher rents.

As for the City of Ottawa's role, the filing statesthe bylaw departmentneglected tohold Timbercreek accountable for upholding property standards.

This doesn't happen in the Glebe or in Westboro.- Daniel Tucker-Simmons, lawyer

The city failed in its obligations under international human rights law and the provincial human rights code, the complaint says, to ensure that development does not displace members of marginalized groups.

The 14 claimants are seeking $50,000 each, plusthe right to return to Heron Gate and live in a similar-sized unit.

Former Heron Gate residents file human rights complaint

6 years ago

Duration 0:45

Lawyer Daniel Tucker-Simmons is representing former residents accusing Timbercreek of racial discrimination stemming from the mass evictions carried out by the company last year.

'They don't have the clout'

"This doesn't happen in the Glebe or in Westboro. It happens in Heron Gate because the local community doesn't have the material power to resist these types of predatory development projects," said lawyer Daniel Tucker-Simmons of Avant Law, who is representing the claimants.

His firm'sanalysis of neighbourhood census data shows that half of Heron Gate households have an income of less than $40,000 a year.

"They don't have the financial means. They don't have the clout or the resources [to fight]," Tucker-Simmons said.

• Photo essay depicts disappearing Heron Gate

Some Heron Gateresidentsfearjoining the human rights challenge over concerns it couldimpact their ability to become Canadian citizenseven though that's not the case, he added.

The human rights complaintdocuments various instances ofdilapidation in the 14 claimants' homes: a leaky roof that wasn't fixed for nine months, cracks in the foundation, repeated basement flooding, broken doors and windows, and mice and cockroach infestations.

The filing also details how the close-knit immigrant community has fractured: neighbours who relied on each other for childcare, translation help, or rides to medical appointmentsare nowscattered across the city and have lost that support.

These claims have not been tested in court.

'We went above and beyond'

In a statement Tuesday, Timbercreeksaid they're aware of the complaint and will not comment on ongoing litigation.

Ata community development meeting last month, vice-president of operations John Loubsertold CBC News the landlord has a policy of fixing major repair issues between 48 and 72 hours after receiving a work order.

When asked about the impending human rights complaint, Loubsersaid they did more to ease the transition fortenants than they werelegally required to.

Under the Residential Tenancies Act, landlords can evict tenants to demolish or renovate and repair units.

"We went above and beyond what was required under those circumstances," said Loubser. "We paid them [a] moving allowanceof$2,000above the threemonths' rent in compensations that they were also due."

At that same community meeting, Timbercreekreleased development plans that included a 25-storey tower and an additional1,000 rental units 20 per cent of which would beat "affordable rent" levels.

Those plans will be presented to the city's planning committee later this spring.

Loubseralso saidTimbercreekwas committing to a "social contract" that would ensure current Heron Gate residents will be moved into newly built units if their homes are slated for demolition in the future.

However, Loubsersaidat this point that pledge was not legally binding.

David White, the City of Ottawa's deputy solicitor, said in an email that the citydoes not comment on matters of ongoing litigation.