Cedolia v Biluk
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: Cedolia v Biluk, LTB-L-031904-25
File Number: LTB-L-031904-25
Timeline
Application Date (Estimate)
Jun 2025
Hearing Date
May 2026
Order Date
Jul 14, 2026
We estimate Application Date using rent arrears.
Decision
The Landlord's termination claim is moot due to a mutual agreement to terminate. The Tenant was awarded a rent abatement of $5,533.46 for breaches of sections 22 and 24, which was set off against rent and utility arrears owed to the Landlord. The Tenant is ordered to pay the Landlord a net amount of $4,007.03.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent and substantial interference, and claimed utility arrears and compensation. The Tenant raised issues regarding illegal lockout, interference, and rent abatement.
Determinations
- The Landlord breached s. 22 and s. 24 of the Act by illegally locking out the Tenant, misrepresenting residency to police, and locking the shed.
- The Tenant is entitled to a rent abatement of $4,765.23 for unit loss and $768.23 for shed loss, totaling $5,533.46.
- The Tenant's claim for the missing snowblower is dismissed due to lack of evidence.
- Rent arrears owing to May 31, 2026 are $3,598.00 and application filing costs are $186.00.
- The Landlord is entitled to utility arrears of $5,765.49 based on the issue estoppel regarding tenancy in common and lease terms.
Landlord's Arguments
Arguments
The Landlord argued for rent arrears and utility costs pursuant to the lease agreement and prior Board determinations.
Actions and Evidence
The Landlord changed the locks, placed a lock on the shed, and provided information to police that the Tenant did not have a lease agreement.
Procedural Errors
The Landlord changed the locks without providing replacement keys and made false statements to police regarding tenancy.
Considerations
Tenant's Arguments
Arguments
The Tenant argued he was illegally locked out, his reasonable enjoyment was breached, and he was not responsible for utilities due to a tenancy in common.
Actions and Evidence
The Tenant testified that he left the unit on April 10, 2024, returned on April 29, 2024, and found the locks changed. He stated he retained control of the unit and kept belongings in the shed.
Considerations
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The Landlord and Tenant Board denied the tenant's request for a review of an order requiring payment for a single day of rent and filing costs.
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