Damon Chisholm *

Partner


Vancouver

Tel : 604.691.7464
Fax : 604.893.2665

Email : damon.chisholm@mcmillan.ca
* Law Corporation
VCard : vcard

Professional Activities

Damon Chisholm is a partner in the firm's Vancouver office and a member of its Commercial Real Estate and Finance Services Groups. Damon's practice focuses on all aspects of commercial real estate, including development, subdivisions, stratifications, acquisitions, dispositions, financing and leasing of commercial properties. 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 recent experience includes acting for natural resource companies in complex project financing, 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.
 
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.
 
Damon, as a member of the firm's Construction Law Group, has been involved in the review and drafting of construction contracts in the real estate development and natural resource industries and has provided counsel regarding the filing or opposing of builders' lien claims.

Damon's prior commercial litigation experience has lead to developing an expertise in the area of real estate litigation. He has advised clients on lease disputes, litigation and negotiations involving contractual land disputes as well as providing advice on the effects of bankruptcies on landlord and tenant relationships.

Damon has been a contributing author of the British Columbia Real Estate Practice Manual, published by Continuing Legal Education of British Columbia since 2010, authoring chapters on "Statement of Adjustments". Damon was also contributing author of the 2nd Edition of Shopping Centre Leases, by Harvey M. Harber, Q.C.

Memberships

  • Canadian Bar Association (British Columbia Branch) - Real Estate and Construction Law subsections
  • Vancouver Bar Association
  • Mortgage Investment Association of British Columbia

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.
Representative Transactions

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

  • 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 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.
  • Acted for Great Basin Gold Ltd. as guarantor of a C$72 million term facility with respect to its Hollister mine in Nevada, May 2010.
  • Represents Co-operators Development Corporation Limited, a large national insurance company, and its related entities, in all of its real estate related matters in British Columbia, 2008 to present.
  • Represents Timbercreek Asset Management Inc., a large real estate investment manager, in all of its real estate lending related matters in British Columbia, 2009 to present.

publications and presentations

  • Contributing author/editor for Dial-a-Law since 2007 authoring scripts for Owning a Condominium; Buying a Condominium, Townhouse, or Strata Lot; and Home Repair Contractors.

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
July 2010
Finding of Breach of REDMA in Chameleon Case Upheld by Court of Appeal
Lang Michener Real Estate Alert
2010
British Columbia Real Estate Practice Manual
Contributing Author, authored chapter on "Statement of Adjustments"
Published by Continuing Legal Education of British Columbia for 2010 and 2011
September 21, 2009
Selling Your Apartment Building: Thinking Ahead
Avison Young Point of View Multi-Family Investment Report British Colubia Q2 2009


  • commercial real estate
  • financing/mortgages
  • construction
  • financial institutions / financial services
    • financial institutions
    • insurance
  • mining / natural resources
  • real estate
Called to the British Columbia bar - 2003

University of Calgary, LLB - 2002

University of Calgary, BA - 1999