Damon Chisholm* 

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

News

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

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