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

aperçu

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

Publications

News

Education

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

Year Of Call

• Barreau de la Colombie-Britannique - 1991

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

• "City can’t refuse pot greenhouse: Court" by Megan Devlin, Richmond News, September 19, 2018
• "Treaty rights trump minerals rights: province" by Nelson Bennett, Business in Vancouver, January 17, 2017
• "Treaty entanglements. China Minerals sues British Columbia over incremental treaty agreement" by Eavan Moore, March-April 2016
• "Gold prospector sues B.C. over transfer of property over mineral claims" by Derrick Penner, Vancouver Sun, February 1, 2016
• "Junior miner takes B.C. to court over land transfer" by Iain Marlow, The Globe and Mail, January 31, 2016
• "Junior miner alleges de facto expropriation in treaty deal" by Nelson Bennett, Business in Vancouver, January 25, 2016
• "Supreme Court land title ruling may affect First Nations financing" by Wendy Stueck, The Globe and Mail, July 2, 2013
• Quoted in article regarding HD Mining temporary foreign worker case
• Featured in article discussing Taseko Mines injunction case on Stockwatch.com
• Discussed 100-year-old surveying error in Squamish BC