Joan M. Young* 

Co-Chair, Litigation
Co-Chair, B.C., Administrative & Public Law
Vancouver  t: 604.893.7639  |  e: joan.young@mcmillan.ca

Joan M. Young*

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.893.7639
e: joan.young@mcmillan.ca

overview

Joan Young is a partner and senior litigator in the firm's Advocacy & Litigation Group, and the Competition & Antitrust Group. She also serves as a member of the firm's Professional Services Committee. Her practice emphasizes complex civil and commercial litigation, class actions, and administrative/regulatory hearings representing a wide range of clients and industries, such as automotive, mining, forestry, hospitality, manufacturing and government. Known as a highly skilled advocate with over 24 years of trial and appeal experience, Joan's extensive commercial litigation background includes product liability, class actions, conspiracy claims, tort law, contractual claims, employment law, administrative law and judicial review, government and public agency law, and aboriginal law.

Joan represents clients at all levels of courts in British Columbia, including civil jury trials, as well as appearing before multiple administrative tribunals and boards. She has extensive experience advising and defending private sector clients on the impact of public and administrative law decisions. As well, Joan has considerable experience representing public institutions in claims related to the operation of government programs. Joan is skilled in providing proactive advice to public and private sector business on how to prevent and resolve disputes. Using the strength of her courtroom experience, Joan provides guidance to her clients in successfully managing and reducing litigation risk in their business operations. She is equally experienced working with clients to settle claims in alternative dispute resolution and in mediation of claims outside of the court system. Joan's clients routinely express their trust and appreciation for her legal skills.

As one of British Columbia's most experienced professionals for public sector procurements, Joan has been appointed in over 15 high profile and multi-million dollar procurements. Joan is sought out to provide advice and oversight on the entire public procurement process from the initial development of the bid opportunity through to selection of preferred proponent.

Joan is a former Legal Advisor to the Office of the Premier, and Special Assistant to the Attorney General. She has significant public sector experience serving on both the policy and legal sides of the Ministry of Attorney General for eight years. Joan is currently the Chair of the Board of Directors of the Museum of Vancouver, and previously held appointments as a member of the Environmental Appeal Board, as Corporate Secretary to the Motor Carrier Commission and as a Director of the Michael Smith Foundation for Health Research, Victoria Airport Authority, the Food Innovation Centre of B.C. and the Vancouver Island Multiple Sclerosis Society. She also served as an instructor at Camosun College in the School of Business

Representative Matters

Joan Young has been counsel to the following:

  • Defending a global chemical supplier in connection with a multi-million dollar product liability claim brought by a pulp mill operator
  • Counsel to global auto-parts manufacturer defending civil cartel/conspiracy class action proceedings relating to Ignition Coils
  • Counsel to a global shipping company defending civil cartel/conspiracy class action proceedings relating to "Roll-on, Roll-off" Car Carriers
  • Counsel to a leading electronics manufacturer defending civil cartel/conspiracy class action proceedings relating to Capacitors
  • Counsel to a joint-venture electronics manufacturer defending civil cartel/conspiracy class action proceedings relating to Optical Disk Drives
  • Representing Avanti Mining in Federal Court and Supreme Court judicial review proceedings related to its environmental assessment certificate and related Fisheries Act permits for the Kitsault Mine project
  • Advising a mining company on aboriginal and injunction issues associated with a coal exploration project
  • Counsel to global auto-parts manufacturers defending civil cartel/conspiracy class action proceedings relating to Automotive Wire Harness Systems and Heating Control Panels.
  • Counsel for Google Inc. in a Class Action for Competition Act consumer claims and breach of privacy.
  • Counsel for a pharmaceutical company to protect trade secrets and confidential information from disclosure under access to information laws.
  • Counsel for the Province of British Columbia in successfully opposing a certification of a Class Action involving medical services to children with Autism.
  • Counsel to a foreign exchange company regarding protection of confidential information and enforcement of restrictive covenants.
  • Counsel for a fire products manufacturer in multiple claims involving product liability claims by both consumers and commercial parties.
  • Representing a forestry company to oppose an injunction related to their harvesting activities in a First Nation's traditional territories.
  • Counsel for the Province of British Columbia in defending a multi-plaintiff claim of historic sexual and physical abuse at a former Boys Industrial School culminating in the dismissal of all claims after a six and a half month trial in B.C. Supreme Court and the abandonment of related pending class proceedings.
  • Counsel for an insurance agent in defending claims of civil conspiracy, breach of fiduciary duty and misuse of confidential information.
  • Representing a mining company in an appeal of various environmental permits.
  • Representing an international mining company to obtain an injunction to prevent the continued blockade of the company's operations.
  • Counsel for Marriott Hotels of Canada Ltd in successfully defending a wrongful dismissal lawsuit brought by a senior manager with 22 years seniority.
  • Counsel for the Insurance Corporation of British Columbia representing the defendants in a five week jury trial in which the Plaintiff was claiming approximately $1.5 million in damages. The Jury awarded less than $40,000 to the Plaintiff.
  • Counsel for the Attorney General of British Columbia in representing the Ministry of Children and Families, the Ministry of Education and the Medical Services Commission in a constitutional challenge.
  • Counsel for the Ministry of Transportation and Highways in a procurement dispute over a highways tender.

Joan has been appointed in over 18 high profile, multi-million dollar procurements, including:

  • Fairness Auditor on the $700 million City of Calgary West LRT expansion project providing arm's length advice and independent assurance to the City of Calgary as to the fairness and appropriateness of project management activities related to the procurement process.
  • Fairness Auditor on the $200 million Fort St. John Hospital project providing arm's length advice and independent assurance to the Northern Health Authority and Partnerships BC as to the fairness and appropriateness of project management activities related to the procurement process.

Presentations

Preparing for Mediation
Defending a Product Liability Claim
Managing Regulatory Risks: Compliance, Inspections and Investigations
Privacy Law
The Duties of Loyalty and Confidentiality
Code of Professional Conduct
Indigenous Rights – Right in Your Backyard: The Post Tsilhqot'in World
"Privacy Law" Federated Press
Sharing Offices: Playing Nice & Protecting Yourself
Social Media in the Workplace: Employment Law Update
Access to Information, Record Keeping and Privacy Issues
How to Run a Fair Procurement

Publications

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory
Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways
Head of the Class: Changes to BC's Class Proceedings Act
How Far is Too Far? Court Strikes Down the City of Richmond's Attempt to Curtail the Cannabis Industry
Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable
Get Out and Vote: Employer Obligations on B.C. Election Day
Duty to Consult does not Apply to all Aboriginal Concerns
Class Actions Keep on Rollin'
Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding
Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation
Employee Can't Have Cake and Eat It Too: Court Strikes Employee's Claims for Lack of Jurisdiction
Getting the Deal Through - Private Antitrust Litigation 2016, Canada Chapter
Keep your (fiduciary) hands off my money: Louie v. Louie, 2015 BCCA 247
Employer Obligations on Federal Election Day
It's a "like": Facebook class certification overturned by appeal court
Commonality is Key: Class Proceeding Certification Denied
Diamonds are a Class Counsel's Best Friend: Fairhurst v. Anglo American PLC
One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time
Knock, Knock: Responding to Search Warrants and Inspections in the Environmental Law Context
Aboriginal Claims and Standard of Review of the Specific Claims Tribunal: Canada v Kitselas First Nation1
The Post-Tsilhqot'in World: Court Rejects First Nation's Assertion of Crown Obligation to Negotiate and Settle Litigated Claims
Court affirms right of Province to "Take up" Treaty Lands – Grassy Narrows First Nation v. Ontario (Natural Resources)
Supreme Court declares Aboriginal title in Tsilhqot'in Nation v. British Columbia1
Province punished in costs in flawed consultation case: Moulton Contracting Ltd. v. British Columbia1
It's Not Just a "Like": Court Certifies Facebook Class Action
Judges Without Borders: A Class Action Update
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
evidentiary burden is low in class certification: Bertram v GlaxoSmithKline Inc1
Case Law Update 2012-2013: Duty to Consult
Landlord's search of tenant's premises not a breach of privacy
Successful applications to strike class proceedings before certification hearing remain rare
Judges without borders: multi-jurisdiction class action proceedings
Duty to Consult Met in Forest Management Decisions on Treaty Lands
Landlord's search of tenant's premises not a breach of privacy
a legal wrinkle: class action proceeding does not justify breach of doctor-patient confidentiality
Federal court strikes out union's attempt to challenge temporary foreign workers
Supreme Court of Canada holds Aboriginal rights cannot be used to justify road blockades
Employer obligations on B.C. election day
When "Private" Isn't Private: Discovery in the Age of Facebook
When "private" isn't private: Discovery in the age of Facebook
"Zipping" liability in the bud: Zip-line waiver withstands court's scrutiny
Aboriginal group moves quickly to halt blockade of band office
B.C. Court of Appeal rolls back Aboriginal groups' multi-million dollar award for court costs
Is your labour day picnic a looming company liability?
When Good Parties Go Bad: Liability For Employers
Employer Pays a Big Price for Spying on Employee
Employer Obligations on Election Day
Anatomy of a Wrongful Dismissal Lawsuit

News

McMillan Named Competition Law Firm of the Year by Chambers Canada
Joan Young quoted in Richmond News article: " City can't refuse pot greenhouse: Court"
Joan Young spoke to Business in Vancouver about resource company's rights in the treaty process
Joan Young quoted in Canadian Institute of Mining Magazine article on the validity of an incremental treaty agreement
Joan Young and Robin Junger quoted in Business in Vancouver article: "Mineral rights continue to clash with land claims in B.C."
Joan Young comments on petition filed in B.C. Supreme Court over treaty-related transfer of land in Business in Vancouver, Globe and Mail, and Vancouver Sun
Competition and Antitrust Group contribute chapter to the Getting the Deal Through – Private Antitrust Litigation 2016 Edition
Joan Young and Natalie Cuthill discuss Facebook class action in Internet and E-Commerce Law in Canada article
Joan Young comments on Supreme Court land title ruling
Joan Young appointed Member of Advisory Committee to the Judicial Council of British Columbia
Joan Young featured in an article discussing Taseko Mines injunction case on StockWatch.com
Joan Young discusses 100-year-old surveying error in Squamish, BC

Education

  • University of Victoria, LLB - 1990
  • University of British Columbia, BA - 1987

Year Of Call

  • Called to the British Columbia bar - 1991

Practices

litigation
class actions
data breach and privacy litigation
product liability
competition and antitrust
administrative law
privacy and data protection
aboriginal law
government and public policy
business litigation
dispute resolution
white collar defence and government investigations

Industries

mining
media, communications and entertainment
forest products
automotive
manufacturing, distribution and retail

Directorships and Professional Associations

  • Chair of the Board of Directors Museum of Vancouver 
  • Advocates' Society
  • Vancouver Bar Association
  • Canadian Bar Association, BC Branch
    • Class Action Section, Executive Member 
    • Competition Law (National)
    • Vice-Chair of the Civil Litigation Section (past) 
    • Provincial Council Member (elected), Vancouver County Representative (2009-2012)
    • Products Liability Section
    • Civil Litigation Section
    • Aboriginal Law Section, Executive Member
  • American Bar Association (Antitrust Section)
  • Defence Research Institute (U.S.)
    • Products Liability Committee
    • Women in the Law Committee
  • Board of Directors, Michael Smith Foundation for Health Research

Teaching Engagements

  • Instructor, Camosun College, School of Business (past)

Community Involvement

  • Children's Wish Foundation of Canada, volunteer Gala Committee member (2013-2014)
  • Committee Member, Professional Development Committee, Canadian Bar Association (BC Branch) (2013-2015)
  • Representative of the Advisory Committee to the Judicial Council of British Columbia
  • Vice Chair, Civil Litigation Section, Canadian Bar Association (BC Branch) (2013-2015)
  • Treasurer, Aboriginal Law Section, Canadian Bar Association (BC Branch) (2012-present)
  • Treasurer, Class Action Section, Canadian Bar Association (BC Branch) (2014-present)
  • Elected Representative, (Vancouver County) Canadian Bar Association (BC Branch) (2009-2012)
  • Committee Member, Judicial Compensation Advisory Committee, Canadian Bar Association (BC Branch) (2004-2005)
  • Chair, Civil Litigation Section (Vancouver Island), Canadian Bar Association (BC Branch) (2003-2004)
  • Practice Advisory Panel member (Civil Litigation) (2002-present)
  • Executive Member, Civil Litigation Section (Vancouver Island), Canadian Bar Association (BC Branch) (2001-2005)
  • Committee Member, Government Relations Committee, Canadian Bar Association (BC Branch) (2000-2004)
  • Member, Legal Education and Action Fund (LEAF) (1990-1994)
  • Senator, University of Victoria Senate (elected 2 terms) (1988-1990)
  • Member, Senate Committee on Academic Standards, U.Vic (2 terms) (1988-1990)
  • Member, President's Equal Rights and Opportunities Committee, U.Vic (1988-1989)
  • Member, Dean's Women's Advisory Committee, Faculty of Law, U.Vic (1987-1988)

Awards & Rankings

  • Received a "Martindale Distinguished 4.4/5" Peer Review Ranking from Martindale-Hubbell.

Media Mentions

linked in vcard
* Law Corporation

Joan Young is a partner and senior litigator in the firm's Advocacy & Litigation Group, and the Competition & Antitrust Group. She also serves as a member of the firm's Professional Services Committee. Her practice emphasizes complex civil and commercial litigation, class actions, and administrative/regulatory hearings representing a wide range of clients and industries, such as automotive, mining, forestry, hospitality, manufacturing and government. Known as a highly skilled advocate with over 24 years of trial and appeal experience, Joan's extensive commercial litigation background includes product liability, class actions, conspiracy claims, tort law, contractual claims, employment law, administrative law and judicial review, government and public agency law, and aboriginal law.

Joan represents clients at all levels of courts in British Columbia, including civil jury trials, as well as appearing before multiple administrative tribunals and boards. She has extensive experience advising and defending private sector clients on the impact of public and administrative law decisions. As well, Joan has considerable experience representing public institutions in claims related to the operation of government programs. Joan is skilled in providing proactive advice to public and private sector business on how to prevent and resolve disputes. Using the strength of her courtroom experience, Joan provides guidance to her clients in successfully managing and reducing litigation risk in their business operations. She is equally experienced working with clients to settle claims in alternative dispute resolution and in mediation of claims outside of the court system. Joan's clients routinely express their trust and appreciation for her legal skills.

As one of British Columbia's most experienced professionals for public sector procurements, Joan has been appointed in over 15 high profile and multi-million dollar procurements. Joan is sought out to provide advice and oversight on the entire public procurement process from the initial development of the bid opportunity through to selection of preferred proponent.

Joan is a former Legal Advisor to the Office of the Premier, and Special Assistant to the Attorney General. She has significant public sector experience serving on both the policy and legal sides of the Ministry of Attorney General for eight years. Joan is currently the Chair of the Board of Directors of the Museum of Vancouver, and previously held appointments as a member of the Environmental Appeal Board, as Corporate Secretary to the Motor Carrier Commission and as a Director of the Michael Smith Foundation for Health Research, Victoria Airport Authority, the Food Innovation Centre of B.C. and the Vancouver Island Multiple Sclerosis Society. She also served as an instructor at Camosun College in the School of Business

Joan Young has been counsel to the following:

  • Defending a global chemical supplier in connection with a multi-million dollar product liability claim brought by a pulp mill operator
  • Counsel to global auto-parts manufacturer defending civil cartel/conspiracy class action proceedings relating to Ignition Coils
  • Counsel to a global shipping company defending civil cartel/conspiracy class action proceedings relating to "Roll-on, Roll-off" Car Carriers
  • Counsel to a leading electronics manufacturer defending civil cartel/conspiracy class action proceedings relating to Capacitors
  • Counsel to a joint-venture electronics manufacturer defending civil cartel/conspiracy class action proceedings relating to Optical Disk Drives
  • Representing Avanti Mining in Federal Court and Supreme Court judicial review proceedings related to its environmental assessment certificate and related Fisheries Act permits for the Kitsault Mine project
  • Advising a mining company on aboriginal and injunction issues associated with a coal exploration project
  • Counsel to global auto-parts manufacturers defending civil cartel/conspiracy class action proceedings relating to Automotive Wire Harness Systems and Heating Control Panels.
  • Counsel for Google Inc. in a Class Action for Competition Act consumer claims and breach of privacy.
  • Counsel for a pharmaceutical company to protect trade secrets and confidential information from disclosure under access to information laws.
  • Counsel for the Province of British Columbia in successfully opposing a certification of a Class Action involving medical services to children with Autism.
  • Counsel to a foreign exchange company regarding protection of confidential information and enforcement of restrictive covenants.
  • Counsel for a fire products manufacturer in multiple claims involving product liability claims by both consumers and commercial parties.
  • Representing a forestry company to oppose an injunction related to their harvesting activities in a First Nation's traditional territories.
  • Counsel for the Province of British Columbia in defending a multi-plaintiff claim of historic sexual and physical abuse at a former Boys Industrial School culminating in the dismissal of all claims after a six and a half month trial in B.C. Supreme Court and the abandonment of related pending class proceedings.
  • Counsel for an insurance agent in defending claims of civil conspiracy, breach of fiduciary duty and misuse of confidential information.
  • Representing a mining company in an appeal of various environmental permits.
  • Representing an international mining company to obtain an injunction to prevent the continued blockade of the company's operations.
  • Counsel for Marriott Hotels of Canada Ltd in successfully defending a wrongful dismissal lawsuit brought by a senior manager with 22 years seniority.
  • Counsel for the Insurance Corporation of British Columbia representing the defendants in a five week jury trial in which the Plaintiff was claiming approximately $1.5 million in damages. The Jury awarded less than $40,000 to the Plaintiff.
  • Counsel for the Attorney General of British Columbia in representing the Ministry of Children and Families, the Ministry of Education and the Medical Services Commission in a constitutional challenge.
  • Counsel for the Ministry of Transportation and Highways in a procurement dispute over a highways tender.

Joan has been appointed in over 18 high profile, multi-million dollar procurements, including:

  • Fairness Auditor on the $700 million City of Calgary West LRT expansion project providing arm's length advice and independent assurance to the City of Calgary as to the fairness and appropriateness of project management activities related to the procurement process.
  • Fairness Auditor on the $200 million Fort St. John Hospital project providing arm's length advice and independent assurance to the Northern Health Authority and Partnerships BC as to the fairness and appropriateness of project management activities related to the procurement process.
September 2018
Head of the Class: Changes to BC's Class Proceedings Act

Class Action, Litigation Bulletin

May 2017
Get Out and Vote: Employer Obligations on B.C. Election Day

Employment and Labour Relations Bulletin

January 2017
Class Actions Keep on Rollin'

Class Action Bulletin

December 2015
It's a "Like": Facebook Class Certification Overturned by Appeal Court
Canadian Privacy Law Review, Vol. 13, No. 1
October 2015
Employer Obligations on Federal Election Day
Employment and Labour Bulletin
March 2015
It's Not Just a "Like": Court Certifies Facebook Class Action
Internet and E-Commerce Law in Canada, Vol. 15, No. 11
February 2014
Judges Without Borders: A Class Action Update
Litigation Bulletin
October 2013
Case Law Update 2012-2013: Duty to Consult
Continuing Legal Education Society of British Columbia, Aboriginal Law Conference - 2013
August 2013
Landlord's search of tenant's premises not a breach of privacy
CCH British Columbia Real Estate Law Developments Newsletter, Number 298
August 2013
AM 650's The Law Show with Stirling Faux
Radio broadcast on AM 650 regarding employment law, specifically privacy and social media
May 2013
Employer obligations on B.C. election day
Employment and Labour Bulletin
December 2012
When "Private" Isn't Private: Discovery in the Age of Facebook
Canadian Privacy Law Review
Volume 10, Number 1
June 25, 2012
Earning Credibility: How to Build a Profile with the Bench and Bar
DRI Today – Featured Article, Volume 2 Issue 1
September 2011
Is your labour day picnic a looming company liability?
Litigation Bulletin
December 2009
When Good Parties Go Bad: Liability For Employers
Co-Author, Lang Michener Alert and Lexology
July 29, 2009
Employer Pays a Big Price for Spying on Employee
Lang Michener Employment & Labour Brief
May 8, 2009
Employer Obligations on Election Day
Lang Michener Employment & Labour Alert
2008
Anatomy of a Wrongful Dismissal Lawsuit
Client Conference
May 2018
Preparing for Mediation
Advocates Society, Mediation Advocacy
November 2017
Defending a Product Liability Claim
Continuing Legal Education
December 2, 2015
Managing Regulatory Risks: Compliance, Inspections and Investigations
Course Leader, Lexpert Seminar, St. Andrews Club, Toronto
March 2015
Privacy Law
Presenter, Federated Press 3rd Mini LLB for Aboriginal Leadership Workshop, Calgary
March 2015
The Duties of Loyalty and Confidentiality
Civil Litigation Basics—2015 Update Paper 6.2, Continuing Legal Education Society of British Columbia
March 2, 2015
Code of Professional Conduct
Presenter, CLEBC Civil Litigation Basics 2015 Course, Vancouver, BC
November 15, 2014
Indigenous Rights – Right in Your Backyard: The Post Tsilhqot'in World
Presenter, CBABC 9th Annual Branch Conference
March 2014
"Privacy Law" Federated Press
Mini LLB for Aboriginal Leadership, Vancouver, BC
May 22, 2013
Sharing Offices: Playing Nice & Protecting Yourself
Presenter, Canadian Bar Association British Columbia Branch
June 2011
Social Media in the Workplace: Employment Law Update
presentation to Corporate Counsel Series
2007
Access to Information, Record Keeping and Privacy Issues
Presenter, Association of Canadian Port Authorities
2007
How to Run a Fair Procurement
Presenter, Vancouver Port Authority