en_CA
https://mcmillan.ca/wp-content/uploads/2020/05/profile-default-mobile.jpg

Joan Young is a leading litigator, widely recognized for exceptional experience in complex litigation and dispute resolution matters, class actions, and product liability and regulation. She represents a wide variety of clients in industries such as the automotive, manufacturing and government sectors.

Joan is skilled in providing proactive advice to public and private sector businesses on preventing and resolving disputes. Expert in managing and reducing litigation risk for her clients, Joan is equally experienced in settling claims through alternative dispute resolution and mediation outside the court system. She represents clients at all levels of court in British Columbia, including civil jury trials, and appears before multiple administrative tribunals and boards. She is a leader of the firm’s Litigation & Dispute Resolution Group.

One of British Columbia’s most experienced legal professionals in public sector procurements, Joan has been appointed in over 15 high-profile and multi-million-dollar procurements, and is frequently sought out to oversee the entire public procurement process, from initial development of the bid opportunity through to selection of the preferred proponent. As a former legal advisor to the Office of the Premier and special assistant to the attorney general, Joan has significant public sector experience, having served on both the policy and legal sides of the Ministry of the Attorney General for eight years.

Joan is chairperson of the board of directors of the Museum of Vancouver and a past director of the Michael Smith Foundation for Health Research.



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.

Speaking Engagements

Defending Innovation Defence Research Institute Products Liability Seminar, New Orleans

February 2020

Preparing for Mediation Advocates Society, Mediation Advocacy

May 2018

Defending a Product Liability Claim Continuing Legal Education

November 2017

Managing Regulatory Risks: Compliance, Inspections and Investigations Course Leader, Lexpert Seminar, St. Andrews Club, Toronto

December 2, 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 2015

Code of Professional Conduct Presenter, CLEBC Civil Litigation Basics 2015 Course, Vancouver, BC

March 2, 2015

Indigenous Rights – Right in Your Backyard: The Post Tsilhqot'in World Presenter, CBABC 9th Annual Branch Conference

November 15, 2014

"Privacy Law" Federated Press Mini LLB for Aboriginal Leadership, Vancouver, BC

March 2014

Sharing Offices: Playing Nice & Protecting Yourself Presenter, Canadian Bar Association British Columbia Branch

May 22, 2013

Social Media in the Workplace: Employment Law Update presentation to Corporate Counsel Series

June 2011

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

2007

Teaching Engagements

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

News


Media Mentions

Rankings & Recognition

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

Community Involvement

  • Food Innovation Centre of B.C.
  • Vancouver Island Multiple Sclerosis Society
  • 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)

Directorships & Affiliations

  • 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
  • Victoria Airport Authority

Education & Admissions

1991
Called to the British Columbia bar
1990
LLBUniversity of Victoria
1987
BAUniversity of British Columbia

Publications

 

Insights by Joan M. Young (24 Posts)

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

Jan 29, 2021

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

Apr 24, 2020

The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

Managing Disputes During COVID-19

Apr 21, 2020

While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.

PLEASE READ: Waivers of Liability Must Be Clearly Identified To Be Effective

Mar 19, 2020

Waivers of Liability Must be Clearly Identified to be Effective

Old Consideration Is No Consideration for Changes to Employee Contract

Feb 4, 2020

The British Columbia Court of Appeal considered for the first time whether the requirement for fresh consideration can be waived in an employment context.

Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

Jan 6, 2020

Court of Appeal Holds Duty to Consult Does Not Apply to Statutory Interpretation

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory

Jun 1, 2019

The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).

Life is not Fair: Unsuccessful Proponent Admits Non-Compliance with RFP, But Sues Fairness Advisor Anyways

Apr 12, 2019

Modern public procurements, particularly in the public-private partnership model, typically involve a third party fairness advisor.

Head of the Class: Changes to BC’s Class Proceedings Act

Sep 26, 2018

British Columbia's Class Proceeding Act is changing effective October 1, 2018. These amendments are expected to have major impacts on class proceedings in BC

How Far is Too Far? Court Strikes Down the City of Richmond’s Attempt to Curtail the Cannabis Industry

Sep 13, 2018

The decision in 0826239 B.C. Ltd. v City of Richmond and Joe Erceg curtailed the attempt by The City of Richmond to the prevent production of medical marijuana

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Jun 29, 2017

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

May 1, 2017

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

Duty to Consult does not Apply to all Aboriginal Concerns

Apr 17, 2017

Duty to Consult does not Apply to all Aboriginal Concerns

Class Actions Keep on Rollin’

Jan 19, 2017

Class Actions Keep on Rollin'

Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

Jan 17, 2017

Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

Employee Can’t Have Cake and Eat It Too: Court Strikes Employee’s Claims for Lack of Jurisdiction

Aug 18, 2016

Employee Can't Have Cake and Eat It Too: Court Strikes Employee's Claims for Lack of Jurisdiction

Lexpert Seminar Toronto – Managing Regulatory Risks: Compliance, Inspections and Investigations

Dec 2, 2015

Our expert faculty will provide their "lessons learned" and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

Keep your (fiduciary) hands off my money: Louie v. Louie,2015 BCCA 247

Nov 19, 2015

Keep your (fiduciary) hands off my money: Louie v. Louie, 2015 BCCA 247

Employer Obligations on Federal Election Day

Oct 9, 2015

Employer Obligations on Federal Election Day

It’s a “like”: Facebook Class Certification Overturned by Appeal Court

Sep 10, 2015

A BC Court of Appeal, a class action was de-certified involving a claim by Facebook users who allege their images were used in advertising without consent.

Commonality is Key: Class Proceeding Certification Denied

Jun 26, 2015

The British Columbia Court of Appeal, upheld a decision denying certification to a class action involving a consumer "cash-back" voucher program

Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC

Mar 13, 2015

Diamonds are a Class Counsels 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

Mar 7, 2015

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

Feb 22, 2015

Knock, Knock: Responding to Search Warrants and Inspections in the Environmental Law Context