Judge reserves decision on encampment eviction bylaw
Posted Apr 21, 2026 07:31:18 AM.
Last Updated Apr 21, 2026 11:15:22 AM.
Courtroom proceedings in the case between the Region of Waterloo and the residents of the encampment at 100 Victoria Street in Kitchener came to an end on Monday.
After three days of hearing arguments from both sides on whether or not clearing that encampment breaches the charter rights of those living there, Ontario Superior Court Justice Michael Gibson has reserved his decision.
This means Justice Gibson will take more time to deliberate on the evidence and arguments presented to him in the courtroom, with a decision set to come down in due time, but with no set timeline.
The region is attempting to clear the site to make way for the construction of the Kitchener Central Transit Hub, a $35 million project that was meant to get underway in March.
“Justice Gibson ordered that the injunction he issued in August will continue to run until he makes his decision,” said Ashley Schuitema of Waterloo Region Community Legal Services. “This means that the region’s homeless can continue to use the encampment at 100 Victoria as a space of last resort, without being turned away.”
In April 2025, the Region of Waterloo passed a bylaw that would clear that site, but advocates and legal representatives for those living at the encampment believe that forcing residents out to make way for construction violates their charter rights.
“We thank Justice Gibson for his time and consideration in hearing this matter,” said the Region of Waterloo in a statement to 570 NewsRadio. “The region looks forward to receiving the Court’s decision. We continue to support people at the site and connect them to available community supports while awaiting the decision.”
Roughly 35 people lived at the encampment when the region first passed the bylaw in 2025, however the population of the encampment fluctuates.
