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

aperçu

  • 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

Update: British Columbia's New Registry of Beneficial Ownership
Court Dismisses Interim Relief Sought by Homeowners Currently Challenging the Speculation and Vacancy Tax Act
The Transport Finance Law Review – Edition 6
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

McMillan cité 114 fois dans le répertoire Best Lawyers in Canada 2021
Centre de ressources liées à la COVID-19
Steve Michoulas, avocat en droit immobilier commercial et aviation, se joint au bureau de Vancouver de McMillan
Steve Michoulas, avocat en droit immobilier commercial et aviation, se joint au bureau de Vancouver de McMillan
Damon Chisholm fera une présentation dans le cadre du programme Commercial Leasing: Landlord and Tenant Disputes
Damon Chisholm dans le 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

  • Barreau de la Colombie-Britannique - 2003

Practices

immobilier commercial
acquisitions et aliénations immobilières
financement immobilier
prêts garantis et crédit consortial
location immobilière
services financiers
construction

Industries

immobilier commercial
secteur des aliments et boissons et agroentreprise
banques, finances et assurances
aviation
produits forestiers
exploitation minière
transports

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
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.
Octobre 2020
Update: British Columbia's New Registry of Beneficial Ownership(seulement disponible en anglais)

Real Estate Bulletin

Avril 2020
The Transport Finance Law Review – Edition 6(seulement disponible en anglais)
Octobre 2019
British Columbia's New Beneficial Ownership Registry(seulement disponible en anglais)

Real Estate Bulletin

Juin 2019
The Transport Finance Law Review – Edition 5(seulement disponible en anglais)

Juin 2018
No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms(seulement disponible en anglais)

Real Estate / Litigation Bulletin

Juin 2018
The Transport Finance Law Review – Edition 4(seulement disponible en anglais)

Février 2018
2018 BC Provincial Budget Takes Aim at Real Estate Market(seulement disponible en anglais)

Real Estate Bulletin

Septembre 2017
Developer's Right to Deposit Trumps Condo Buyer in Trump Tower Residential Strata Dispute(seulement disponible en anglais)

Real Estate Bulletin

Octobre 2016
Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market(seulement disponible en anglais)

Real Estate Bulletin

Juillet 2016
BC Government Targets Foreign Buyers with Massive Tax Hike(seulement disponible en anglais)

Commercial Real Estate Bulletin

2016
British Columbia Real Estate Practice Manual
(seulement disponible en anglais)

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

Février 2015
Recent BC Decisions Quashes Rezoning and Land Swap(seulement disponible en anglais)
Real Estate Bulletin
Avril 2014
Post-closing Rescission Rights Under REDMA(seulement disponible en anglais)
Real Estate Bulletin
Juillet 2012
Post closing rescission rights under REDMA – when closing does not necessarily mean closed(seulement disponible en anglais)
Real Estate Bulletin
Février 2011
« Courts continue to broaden developers obligations under REDMA »
Law of the Land... and Lay of the Land™ Bulletin
Juillet 2010
Finding of Breach of REDMA in Chameleon Case Upheld by Court of Appeal(seulement disponible en anglais)
Lang Michener Real Estate Alert
21 Septembre 2009
Selling Your Apartment Building: Thinking Ahead(seulement disponible en anglais)
Avison Young Point of View Multi-Family Investment Report British Colubia Q2 2009
Eté 2009
Builders Lien Holdbacks – Who Has Priority?(seulement disponible en anglais)
Real Estate Brief Summer 2009
2009
2nd Edition of Shopping Centre Leases
(seulement disponible en anglais)
authored the chapter entitled "The Extension of the Theory of "Efficient Breach" into Commercial Landlord-Tennant Law in British Columbia
Eté 2007
Is a Tenant's Right of Quiet Enjoyment at Risk?(seulement disponible en anglais)
Real Estate Brief Summer 2007
Avril 2006
Actions to Avoid When A Tenant Defaults Upon Their Lease
(seulement disponible en anglais)
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.
Février 2004
Enforceability of Guarantees of Bankrupt Tenants' Lease Obligations
(seulement disponible en anglais)
1 Novembre 2017
Back to Basics: Bankruptcy, Insolvency and Managing Tenants
(seulement disponible en anglais)
2017 Vancouver Real Estate Strategy & Leasing Conference
16 Février 2014
AM 650's The Law Show with Stirling Faux
(seulement disponible en anglais)
Radio broadcast on AM 650 regarding real estate law