Damon Chisholm* 

Co-Chair, Commercial Real Estate
Vancouver  t: 604.691.7464  |  e: damon.chisholm@mcmillan.ca

Damon Chisholm*

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.691.7464
e: damon.chisholm@mcmillan.ca

overview

  • Partner in Commercial Real Estate and Finance Services Groups
  • Co-Chair of the Commercial Real Estate Group

Damon's practice focuses on all aspects of commercial real estate, including development, subdivisions, stratifications, acquisitions, dispositions, financing and leasing of commercial properties.

Damon's experience includes acting for natural resource companies in complex project financing and acquisitions, purchasers and vendors of large commercial developments, including land acquisitions, hotels, apartment buildings and industrial and office complexes as well as successfully negotiating complex commercial and railway land leases for major landlords and for a variety of industrial tenants. This experience extends to the preparation and filing of Disclosure Statements under the Real Estate Development Marketing Act and advising developer clients on Strata Property Act compliance issues.

Damon's practice also includes commercial lending matters including secured, unsecured and project financing and he has acted for institutional and private lenders and borrowers. He has provided advice and opinions on personal property and mortgage security and creditor/debtor relationships.

As a member of the firm's Aviation Group, Damon's has experience in transactions involving the buying, selling, leasing, and financing of aircraft, as well as advising on aircraft title and registration issues.

Damon's experience extends to protecting clients interests internationally under the Cape Town Convention through registration with the International Registry of Mobile Assets and is the co-editor of the Aviation chapter in O'Brien's Commercial Forms and McMillan's administrator for all matters in relation to the Convention on International Interests in Mobile Equipment.

Representative Matters

Damon has been involved in various commercial transactions, some of which involve:

  • Acted 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.
  • Acted for national real estate investment and management company with respect to apartment complex purchases over C$600 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 a boutique townhome development in BC and Seattle
  • Counsel to Helijet International Inc., a large helicopter service in British Columbia. Acts in regard 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 aircraft
  • 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.
  • Acted for Great Basin Gold Ltd. as borrower and as guarantor in debtor-in-possession (DIP) financings under the Companies' Creditors Arrangement Act (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.

Presentations

Publications

British Columbia's New Beneficial Ownership Registry
The Transport Finance Law Review – Edition 5
No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms
The Transport Finance Law Review – Edition 4
2018 BC Provincial Budget Takes Aim at Real Estate Market
Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40
Developer's Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute
Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market
BC Government Targets Foreign Buyers with Massive Tax Hike
British Columbia Real Estate Practice Manual
Recent BC Decisions Quashes Rezoning and Land Swap
Post-closing Rescission Rights Under REDMA
Post closing rescission rights under REDMA – when closing does not necessarily mean closed
Courts continue to broaden developers obligations under REDMA
Finding of Breach of REDMA in Chameleon Case Upheld by Court of Appeal
Selling Your Apartment Building: Thinking Ahead
Builders Lien Holdbacks – Who Has Priority?
2nd Edition of Shopping Centre Leases
Is a Tenant's Right of Quiet Enjoyment at Risk?
Actions to Avoid When A Tenant Defaults Upon Their Lease
Enforceability of Guarantees of Bankrupt Tenants' Lease Obligations

News

Commercial Real Estate and Aviation lawyer Steve Michoulas joins McMillan's Vancouver office
Damon Chisholm to present at Commercial Leasing: Landlord and Tenant Disputes program
Damon Chisholm discusses Ulansky v. Waterscape Homes Ltd. Partnership in Canadian Lawyer

Education

  • International Air Transport Association (IATA) Training and Development Institute – Certificate with Distinction, Aircraft Acquisition and Financing - 2016
  • University of Calgary, LLB - 2002
  • University of Calgary, BA - 1999

Year Of Call

  • Called to the British Columbia bar - 2003

Practices

commercial real estate
real estate acquisitions and divestitures
real estate financing
secured lending and syndicated finance
leasing
financial services
construction

Industries

commercial real estate
food, beverage and agribusiness
banking, finance and insurance
aviation
forest products
mining
transportation

Directorships and Professional Associations

  • 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)

Teaching Engagements

  • 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

Community Involvement

Damon has provided pro bono legal advice to the MS Society, BC Division since 2004. 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.

Media Mentions

  • "Condo buyers breaking contracts as prices fall", Canadian Business Magazine, November 27, 2012
  • "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
linked in vcard
* Law Corporation
  • Partner in Commercial Real Estate and Finance Services Groups
  • Co-Chair of the Commercial Real Estate Group

Damon's practice focuses on all aspects of commercial real estate, including development, subdivisions, stratifications, acquisitions, dispositions, financing and leasing of commercial properties.

Damon's experience includes acting for natural resource companies in complex project financing and acquisitions, purchasers and vendors of large commercial developments, including land acquisitions, hotels, apartment buildings and industrial and office complexes as well as successfully negotiating complex commercial and railway land leases for major landlords and for a variety of industrial tenants. This experience extends to the preparation and filing of Disclosure Statements under the Real Estate Development Marketing Act and advising developer clients on Strata Property Act compliance issues.

Damon's practice also includes commercial lending matters including secured, unsecured and project financing and he has acted for institutional and private lenders and borrowers. He has provided advice and opinions on personal property and mortgage security and creditor/debtor relationships.

As a member of the firm's Aviation Group, Damon's has experience in transactions involving the buying, selling, leasing, and financing of aircraft, as well as advising on aircraft title and registration issues.

Damon's experience extends to protecting clients interests internationally under the Cape Town Convention through registration with the International Registry of Mobile Assets and is the co-editor of the Aviation chapter in O'Brien's Commercial Forms and McMillan's administrator for all matters in relation to the Convention on International Interests in Mobile Equipment.

Damon has been involved in various commercial transactions, some of which involve:

  • Acted 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.
  • Acted for national real estate investment and management company with respect to apartment complex purchases over C$600 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 a boutique townhome development in BC and Seattle
  • Counsel to Helijet International Inc., a large helicopter service in British Columbia. Acts in regard 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 aircraft
  • 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.
  • Acted for Great Basin Gold Ltd. as borrower and as guarantor in debtor-in-possession (DIP) financings under the Companies' Creditors Arrangement Act (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.
October 2019
British Columbia's New Beneficial Ownership Registry

Real Estate Bulletin

July 2016
BC Government Targets Foreign Buyers with Massive Tax Hike

Commercial Real Estate Bulletin

2016
British Columbia Real Estate Practice Manual

authored chapter on "Statement of Adjustments"
Published by Continuing Legal Education of British Columbia for 2010 through 2016

February 2015
Recent BC Decisions Quashes Rezoning and Land Swap
Real Estate Bulletin
April 2014
Post-closing Rescission Rights Under REDMA
Real Estate Bulletin
February 2011
Courts continue to broaden developers obligations under REDMA
Law of the Land... and Lay of the Land™ Bulletin, February 2011 and British Columbia Real Estate Law Developments, March 2011
September 21, 2009
Selling Your Apartment Building: Thinking Ahead
Avison Young Point of View Multi-Family Investment Report British Colubia Q2 2009
Summer 2009
Builders Lien Holdbacks – Who Has Priority?
Real Estate Brief Summer 2009
2009
2nd Edition of Shopping Centre Leases
authored the chapter entitled "The Extension of the Theory of "Efficient Breach" into Commercial Landlord-Tennant Law in British Columbia
Summer 2007
Is a Tenant's Right of Quiet Enjoyment at Risk?
Real Estate Brief Summer 2007
April 2006
Actions to Avoid When A Tenant Defaults Upon Their Lease
Lang Michener Real Estate Brief
This article also appeared in Canadian Property Management , entitled "Weigh Tactics When a Tenant Defaults: Changing Locks can be an Obstacle to Recovering Damages," June/July 2006.
February 2004
Enforceability of Guarantees of Bankrupt Tenants' Lease Obligations
November 1, 2017
Back to Basics: Bankruptcy, Insolvency and Managing Tenants
2017 Vancouver Real Estate Strategy & Leasing Conference
February 16, 2014
AM 650's The Law Show with Stirling Faux
Radio broadcast on AM 650 regarding real estate law