If the dealership is considering it a new car, ensure they start the warranty at the mileage upon delivery. Thus, the 4-year / 80,000 km maintenance and bumper-to-bumper should actually go to 93,000 kms instead. If they have a problem with this, I'd press hard on an existing 2009 328i that you can find online.
Given that you're in Burlington, I assume it's Budds' you're dealing with. They're a great dealership and I'm sure the car they'd provide you will be top notch. However, they're not necessarily going to give you the best deal and if the car you want isn't available, or isn't available with the discount you'd like, try a few other dealerships. BMW Waterloo (where I've gotten both my BMWs) is tied in to a couple of Toronto area dealerships -- so their inventory is quite sizeable.
Best of luck -- you've made a great choice!