Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 26, 2026

CASE NO.: OLT-25-000475

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Region of Waterloo Applicant/Appellant: Courtland Kitchener Inc. (Vive Development Corporation) Subject: Zoning By-law Description: To update the zoning framework within the Growing Together East Study Area Reference Number: ZBA 2025-049 Property Address: Block Line, Fairway and Sportsworld Protected Major Transit Station Areas Municipality/UT: Kitchener/Waterloo OLT Case No: OLT-25-000475 OLT Lead Case No: OLT-25-000475 OLT Case Name: Courtland Kitchener Inc. v. Kitchener (City)

BEFORE:

STEVEN COOKE VICE-CHAIR

Monday, the 26th day of January, 2026

THIS MATTER having been initiated by an appeal to the Tribunal by Courtland Kitchener Inc. (the “Appellant”) of Council of the City of Kitchener’s passage of By-law No. 2025-049 (the “By-law”), a zoning by-law amendment which amended By-law 2019-051 (the “Appeal”);

AND THE TRIBUNAL having confirmed that the Appellant appealed the By-law on a site-specific basis, specifically, as the By-law applies to four parcels municipally known as 1099 Courtland Avenue East (the “Appellant’s Lands”);

AND THE TRIBUNAL having received a request from the City of Kitchener that the Tribunal issue an order on its own motion, pursuant to subsection 34(31) of the Planning Act, RSO 1990, c P13 (the “Planning Act”) to have the parts of the By-law not at issue, namely, the entirety of the By-law save and except for its application to the Appellant’s Lands, come into force as of the date it was passed;

AND THE TRIBUNAL having received confirmation that the Appellant has consented to this request, subject to the order being without prejudice to the disposition of its Appeal;

THE TRIBUNAL ORDERS on its own motion, pursuant to section 34(31) of the Planning Act, that By-law No. 2025-049 is deemed to have come into force on May 5, 2025, which is day that the By-law was passed, save and except for its application to the Appellant’s lands, which for greater certainty are identified in Attachment A;

AND THE TRIBUNAL ORDERS that this Order and any supporting materials filed in connection with this Order are Without Prejudice to any position that the Appellant may take on the disposition of its Appeal and to the disposition of the By-law as it applies to the Appellant’s Lands.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT A