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Region of Waterloo Returns to Court Over Kitchener Encampment Dispute

Ongoing Legal Battle Over Victoria Street Site

The Region of Waterloo is once again in court, seeking approval to clear an encampment located at 100 Victoria Street in Kitchener. The site has been occupied since 2021, when tents first appeared on the vacant property owned by the region.

What began as a temporary shelter has since grown into a long-standing issue, raising questions about housing availability, municipal authority, and legal protections for those living without stable housing.

Plans for Transit Hub Drive Urgency

The region’s push to clear the encampment is closely tied to upcoming infrastructure work. The land is expected to serve as a staging area for the planned Kitchener Central Transit Hub, a major transportation project led by Metrolinx.

According to court submissions, construction is scheduled to begin in October 2026. To meet that timeline, officials say the land must be cleared by June. This deadline has added pressure to resolve the situation quickly, prompting the matter to be brought back before the courts.

Previous Court Ruling Still Shapes Case

This is not the first time the encampment has been at the center of legal proceedings. In 2023, an attempt to remove residents was halted after a court challenge raised concerns about potential Charter rights violations.

In that earlier ruling, Justice Valente determined that the region could not proceed with evictions unless safe and accessible housing alternatives were available. That decision continues to influence the current case, setting a legal standard the region must meet.

New Bylaw and Legal Arguments

In January 2026, the region introduced a new bylaw to remove the encampment. During the current hearings, legal representatives argued that efforts have been made to support those living on the site.

Lawyer Andrew Lokan told the court that the region has taken significant steps to address homelessness. He noted that all 40 individuals who were living at the encampment before April 2025 have either found other housing or left voluntarily.

The region also maintains that anyone who moved onto the property after April 16, 2025, is in violation of the updated bylaw and does not have permission to remain there.

Call for Practical Court Direction

During the proceedings, the region urged the court to consider the broader context, including the need to move forward with construction. Officials are asking for clear direction if the court finds gaps in their approach.

Their legal team emphasized the need for a workable solution, stating that if obligations have not been fully met, they are open to guidance on addressing any remaining concerns.

Next Steps in the Hearing

The case is scheduled to continue, with lawyers from Waterloo Community Legal Services set to present arguments on behalf of the encampment residents.

With three days of hearings planned, the outcome could have significant implications not only for those currently living at the site but also for how similar situations are handled across the province.

As the court weighs infrastructure priorities against housing rights, the decision will likely shape future policies on encampments and urban development in Ontario.

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