Background:
Icon Marketing Inc. ("Icon") leased commercial space from RPG Revenue Property Group Ltd. ("RPG") in 2015. The lease was renewed in 2020. In 2022, Icon discovered the actual square footage of the premises was smaller than stated in the lease and claimed it had overpaid rent. RPG counterclaimed for unpaid rent after Icon vacated early.

Legal Issues:

• Lease Interpretation: Icon argued rent should be based on actual square footage, while RPG maintained it was calculated using a grossed-up figure, including common areas.

• Rectification: Icon sought to amend the lease due to an alleged mutual mistake regarding square footage.

• Limitation Period: RPG argued that any claim regarding the original lease was time-barred, as Icon could have discovered the discrepancy in 2015.

Court’s Analysis:

• The lease unambiguously set the rentable area at 1,518 square feet, and rent was not explicitly tied to net usable space.

• Icon was aware of the measurement methodology before signing.

• No mutual mistake was found, and rectification was denied.

• The limitation period barred claims related to the 2015 lease, leaving only the renewal lease for consideration, which had identical terms.

Judgment:
The court dismissed Icon’s claim and ruled in favor of RPG. RPG was awarded $2,173.04 in rental arrears, plus interest at prime + 3% per annum, and costs on the ordinary scale.