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, 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 (British Columbia) and advising developer clients on Strata Property Act (British Columbia) 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 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 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.
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
COVID-19 Resource Centre
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