Damon Chisholm Photo
Damon Chisholm Photo
Damon Chisholm Photo

Damon Chisholm is an accomplished commercial real estate lawyer and a leader of the firm’s national Commercial Real Estate Group. He advises on all aspects of commercial real estate, including developments, subdivisions, stratifications, acquisitions, dispositions, financing and leasing of commercial properties. Assisting clients in banking and finance among various other industries, Damon is also known for his expertise in aviation law.

As part of his real estate practice, Damon acts for natural resource companies in complex project financing and acquisitions. He also represents purchasers and vendors of large commercial developments and assists with land acquisitions for hotels, apartment buildings, and industrial and office complexes. Damon has successfully negotiated complex commercial and railway land leases for major landlords and industrial tenants, and provided opinions on personal property, mortgage security and creditor / debtor relationships.

A secondary focus of Damon’s practice is advising on the buying, selling, leasing, and financing of aircraft. An important aspect of this work is protecting the interests of his clients internationally under the Cape Town Convention through registration with the International Registry of Mobile Assets. Co-editor of the chapter on aviation in O’Brien’s Commercial Forms, Damon is also McMillan’s administrator for all matters relating to the Convention on International Interests in Mobile Equipment.

Recognized by Best Lawyers in Canada 2021 for expertise in real estate law, Damon is an adjunct professor in real estate transactions at the Peter A. Allard School of Law at UBC.



Representative Matters

  • Act for Georgia-Pacific with respect to the sale of commercial properties, including assignment of foreshore leases, licenses and permits and environmental remediation
  • Act for Gracorp, a major real estate developer, and its affiliates with respect to property acquisitions and financings
  • Act for Hancock Forest Management and its affiliates with respect to its master agreements, leases, property acquisitions and divestitures, and municipal law including statutory rights of way, easements and subdivisions
  • Act for Nicola Wealth and its affiliates with respect to the acquisition and disposition of commercial property, including limited partnerships agreements, joint venture, co-owner and management agreements, as well as share purchases, construction financing and leasing
  • Act for Realstar in the acquisition of commercial property for its real estate portfolio, including share purchases, financing, rezoning, subdivision and development
  • Act for Merrill & Ring in the sale and acquisition of its British Columbia portfolio
  • Act for Wal-Mart Canada with respect to the sale 15.5 acres of industrial sites which was the largest private sale in the last 10 years in the City of Vancouver in terms of square footage, April 2018 and ongoing leasing and municipal/land use related to its stores in British Columbia
  • Act for owners of liquor and cannabis stores, pubs and restaurants with respect to acquisitions and divestitures of real estate assets, including share disputes and leasing
  • Act for commercial landlords and tenants in the negotiation and drafting of various types of leases
  • Act for housing societies and a major Canadian national organization with respect to commercial real estate acquisitions, municipal and land use planning, redevelopment/development
  • Act for clients in dispute resolution on remediation work for projects and builders lien claims
  • Act for Citibank with respect to aircraft financings, including ISDA Swap Agreements and International Registry filings
  • Acted for national real estate investment and management company with respect to apartment complex purchases over C$600 million in acquisitions since 2014
  • Acted for a national pension fund company with respect to its acquisition of a commercial complex for C$60 million, August 2016
  • Act for Quay Property Management Corp. with respect to the redevelopment of The Shipyards, North Vancouver, 2016
  • Act for InHaus Developments Ltd. with respect to the development of various boutique townhome developments in British Columbia and Seattle, Washington
  • Act for Helijet International Inc., a large helicopter service in British Columbia, with respect to all leases, acquisitions and financing and related regulatory matters
  • Acted for Executive Air Ambulance, a full service bed to bed air ambulance company, with respect to the acquisition and financing of its aircrafts
  • Represented HB Construction Company Ltd., a wholly owned indirect subsidiary of The Williams Companies, Inc., in connection with its acquisition of certain assets of Comstock Canada Ltd. and its affiliate pursuant to Comstock’s restructuring under the Companies’ Creditors Arrangement Act (“CCAA”) (Canada)
  • Acted for Great Basin Gold Ltd. as borrower and as guarantor in debtor-in-possession (“DIP”) financings under the CCAA and Chapter 11 (US)
  • Acted for Co-operators General Insurance Company in its sale of a development company to Ledingham McAllister Communities Ltd., March 2012
  • Acted for West Fraser Timber Co. Ltd. in its sale of Eurocan Pulp and Paper Mill to KMLNG Operating General Partnership, December 2011
  • Acted for Great Basin Gold Ltd. as borrower of a C$150 million term facility with respect to its Burnstone Mine in South Africa, December 2011
  • Acted for a large national life insurance company with respect to its sale of an office/residential complex for  C$34 million, September 2011
  • Acted for West Fraser Timber Co. Ltd. in its sale of its Eurocan Terminal to Rio Tinto Alcan Inc., August 2011
  • Acted for Primero Mining Corp. (formerly, Mala Noche Resources Corp.) in its acquisition of the San Dimas gold- silver mine and associated assets in Mexico from subsidiaries of Goldcorp Inc. for US$510 million, August 2010

Speaking Engagements

Housing Central: BC’s Affordable Housing 2018 Conference, The Residential Tenancy Act and Non-Profit Housing

November 18, 2018

Back to Basics: Bankruptcy, Insolvency and Managing Tenants, 2017 Vancouver Real Estate Strategy & Leasing Conference

November 1, 2017

Teaching Engagements

  • Adjunct Professor at the Peter A. Allard School of Law from 2018
  • Continuing Legal Education of British Columbia Real Estate Fundamentals for Lawyers Course, Statement of Adjustments. March 2016 & June 2014
  • Pacific Business & Law Institute Commercial Leasing: Landlord / Tenant Disputes Course, Pre-Litigation Problems and Solutions, April 2015

News


Media Mentions

  • “Seller beware” by Kevin Marron, Canadian Lawyer Magazine, May 2011
  • “Selling Your Apartment Building: Thinking Ahead”, Avison Young Point of View Multi-Family Investment Report British Columbia Q2 2009, September 21, 2009

Rankings & Recognition

  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Aviation (Regulation & Liability)
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Real Estate Law
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Aviation Law
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Real Estate Law
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Real Estate Law
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Real Estate Law

Community Involvement

Damon has provided pro bono legal advice to the MS Society, BC Division. Such services have included:

  • Drafting of release forms for the BC Division Aeroplan Program
  • Drafting service contracts between the MS Society and service providers for the BC Division’s largest client services program – the Equipment Provision Program
  • Providing immediate legal information/advice regarding liabilities for the BC Division programming

Directorships & Affiliations

  • Canadian Bar Association (British Columbia Branch) – Real Estate and Banking subsections
  • Vancouver Bar Association
  • Mortgage Investment Association of British Columbia
  • Vancouver Solicitors’ Legal Opinions Subcommittee (Real Estate)

Education & Admissions

2003
Called to the British Columbia bar
2016
Certificate with Distinction, Aircraft Acquisition and Financing International Air Transport Association (IATA) Training and Development Institute
2002
LLB University of Calgary
1999
BA University of Calgary

Publications

  • “British Columbia Real Estate Practice Manual, authored chapter on “Statement of Adjustments” Published by Continuing Legal Education of British Columbia for 2010 through 2016 (2016)

Insights (19 Posts)View More

Featured Insight

April 2023 Update: Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations Provide Increased Deal Certainty for Commercial Real Estate Industry

The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) and regulations (the “Regulations”) came into force on January 1, 2023.

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Apr 4, 2023
Featured Insight

February 2023 Update – New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations

Update on the Prohibition on the Purchase of Residential Property by Non-Canadians Act and Regulations.

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Feb 10, 2023
Featured Insight

New Restrictions on Selling Land: An Overview of the Prohibition on the Purchase of Residential Property by Non-Canadians Act

On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act will come into force.

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Nov 28, 2022
Featured Insight

August 2022 Update: Upcoming Deadline for Pre-Existing Owners to file a Transparency Report on the Land Owner Transparency Registry

The deadline for Pre-Existing Owners to file a transparency report on the Land Owner Transparency Registry will occur on November 30, 2022.

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Aug 24, 2022
Featured Insight

November 2021 Update: Extended Deadline for Pre-Existing Owners Filing a Transparency Report on the Land Owner Transparency Registry

On November 2, 2021, the deadline for Pre-Existing Owners to file a transparency report was extended from November 30, 2021 to November 30, 2022.

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Nov 8, 2021
Featured Insight

June 2021 Update: British Columbia’s New Registry of Beneficial Ownership

Now that the Land Owner Transparency Registry is searchable by the public, it is important to understand the scope of its use, and its current limitations.

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Jun 14, 2021
Featured Insight

Update: British Columbia’s New Registry of Beneficial Ownership

Update: British Columbia's New Registry of Beneficial Ownership

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Oct 6, 2020
Featured Insight

Court Dismisses Interim Relief Sought by Homeowners Currently Challenging the Speculation and Vacancy Tax Act

In November 2018, British Columbia’s provincial government introduced the Speculation and Vacancy Tax Act[1] (the “Act”).

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May 22, 2020
Featured Insight

The Transport Finance Law Review – Edition 6

The Transport Finance Law Review is intended to provide the industry with a guide to transport finance today globally. 

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Apr 29, 2020
Featured Insight

British Columbia’s New Beneficial Ownership Registry

Updates on British Columbia's New Beneficial Ownership registry.

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Oct 16, 2019
Featured Insight

The Transport Finance Law Review – Edition 5

Canadian transportation policy is continuously evolving

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May 10, 2019
Featured Insight

No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms

The B.C. Supreme Court recently confirmed that a strata council only needs a simple majority of owners to authorize the council to hire a realtor to solicit.

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Jun 11, 2018
Featured Insight

The Transport Finance Law Review – Edition 4

The Canada chapter in Getting the Deal Through - Banking Regulation 2018 provides an overview of the regulations governing the banking industry in Canada

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Jun 4, 2018
Featured Insight

2018 BC Provincial Budget Takes Aim at Real Estate Market

On February 20, 2018, the current BC Government introduced its 2018 British Columbia Provincial Budget (the “Budget”) which contained a number of measures targeting the local real estate market.

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Feb 20, 2018
Featured Insight

Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40

Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40

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Oct 9, 2017
Featured Insight

Developer’s Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute

Developer's Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute

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Sep 27, 2017
Featured Insight

Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

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Oct 17, 2016
Featured Insight

BC Government Targets Foreign Buyers with Massive Tax Hike

On July 25, 2016, the BC government announced Bill 28 – Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016.

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Jan 27, 2016
Featured Insight

Recent BC Decisions Quashes Rezoning and Land Swap

Recent BC Decisions Quashes Rezoning and Land Swap

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Feb 5, 2015

Deals & Cases (3 Posts)

Featured Insight

Great Panther completes acquisition of Cangold

Great Panther completes acquisition of Cangold

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May 27, 2015
Featured Insight

Vitran Corporation Completes US $97 million sale of its Supply Chain Operation

On March 4, 2013 Vitran Corporation Inc., a publicly traded North American transportation company, completed the sale of its Supply Chain Operation (SCO) business to LEGACY Supply Chain based in Portsmouth, New Hampshire for U.S. $97 million in cash.

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Mar 1, 2013
Featured Insight

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

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Jul 14, 2011