Don J. G. MacKinnon

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Assistant: Jackie Romero

Don MacKinnon practices in the area of general corporate/commercial law, having particular experience and achievement in commercial lending, commercial real estate, commercial leasing, and the acquisition and sale of businesses.

Don has had the opportunity to represent a wide range of clients, from institutional and private lenders, to development corporations, general partnerships, limited partnerships, joint ventures, as well as individuals and sole proprietors. He has provided advice on the following types of transactions:

Commercial Lending and Finance

  • Bank and private lender financing including the negotiation and execution of loan arrangements for both lenders and borrowers concerning real estate lending transactions and purchase and sale of businesses;
  • Preparation and negotiation of mezzanine financing documents and agreements for vendor take-back financing;

Commercial Development and Real Estate

  • Preparation and negotiation of agreements to establish joint ventures, partnerships and other corporate structures for real estate investment and development and the operation and governance of such entities; including, joint venture agreements, limited and general partnership agreements, shareholder agreements, trust agreements and consulting and construction contracts;
  • Acts for developers of single subdivisions, low-rise condominium and townhouse developments, as well as high-rise condominium projects, including mixed-use projects with airspace parcel subdivisions; Represents such developers in the acquisition and assembly of the lands, through to the development and subdivision approval process, and the stratification and lease-up or sale of the development units, including bulk sales;
  • Advises on the structuring and financing of transactions, and negotiating preparing and finalizing agreements with municipalities and others relating to various residential and commercial developments and neighbouring land owners, including easements, statutory rights of way, building schemes, underpinning agreements, covenants, use permits and service agreements
  • Attends to the preparation and execution of bylaws and organization of strata corporations
  • Commercial leasing for landlords and tenants concerning lease transactions involving office, industrial, retail, and ground leases
  • Advising clients in relation to various aspects of their business plans including the acquisitions and dispositions of commercial and residential real estate, such as office buildings, shopping centres, industrial properties, and development lands
  • Purchase and sale of commercial real estate and residential real estate transactions

Business Transactions

  • Representing purchasers and vendors with respect to the purchase and sale of their businesses, whether by way of a share purchase or an asset purchase;
  • Drafting non-competition, non-solicitation agreements and confidentiality agreements;
  • Preparation and negotiation of consulting agreements, bills of sale, amalgamation agreements and other ancillary documents for mergers or acquisitions

Memberships & Professional Affiliations

  • Surrey Bar Association, member (since 2010)
  • Canadian Bar Association, member (since 2010)
  • Surrey Board and Trade Association, member (since 2010)
  • Vancouver Bar Association, member (since 2012)
  • Urban Development Institute, Fraser Valley Committee Member (since 2014)
  • South Surrey/ White Rock Chamber of Commerce
  • Morgan Creek Golf Club: Player’s Club membership

Positions / Community Involvement

  • City of Abbotsford, Development Advisory Committee (Feb 2017-Present)
  • Urban Development Institute (UDI) Fraser Valley Committee (July 2015 – Present)
  • Development and Infrastructure Team; Surrey Board of Trade (January 2016–Present)

Lectures / Publications / Seminars

  • Co-contributing Author for 2014 Update of Advising British Columbia Businesses CLEBC Practice Materials (Ch. 11 Real Estate Issues)

Hobbies / Interests

  • Golfing
  • Boating
  • Travelling and Hiking
  • Snowshoeing and Snowboarding


  • LLB, Victoria University of Wellington, New Zealand (2006)
  • University of Victoria, British Columbia (2007)
  • National Committee of Accreditation (2009)
  • BA, University of British Columbia (2002)

Years of Call & Jurisdiction

Called to the BC Bar in 2010