The applicant purchased two commercial condominium units from the respondent developer.
The purchase price was to be adjusted based on the 'actual gross area' of the units, calculated in accordance with the BOMA 1996 Standard.
The applicant argued the price should be based only on the net usable area, while the respondent argued it must include a gross-up for floor and building common areas.
The court dismissed the application, finding that the contract's explicit reference to the BOMA 1996 Standard objectively demonstrated the parties' intention to include the proportionate share of common areas in the calculation of the purchase price.
