Joan M. Young *

Partner


Vancouver

Tel : 604.893.7639
Fax : 604.893.2672

Email : joan.young@mcmillan.ca
* Law Corporation
VCard : vcard

Professional Activities

Joan Young is a partner and senior litigator in the firm's Advocacy and Litigation Group, and the Competition and Anti-trust Group. Her practice emphasizes civil and commercial litigation, representing a wide range of clients and industries such as mining, forestry, hospitality, manufacturing, insurance and government. Known as a highly skilled advocate with over 20 years of trial and appeal experience, Joan's broad litigation background includes product liability, class actions, 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. 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 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. Joan's clients routinely express their trust and appreciation for her legal skills.

As one of British Columbia's most experienced Fairness Advisors 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 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 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. 

Memberships

  • Advocates' Society
  • Vancouver Bar Association
  • Canadian Bar Association, BC Branch
    • Provincial Council Member (elected), Vancouver County Representative (2009-2012)
    • Products Liability Subsection
    • Civil Litigation Subsection
    • Employment Law Subsection 
    • Executive Member and Treasurer of the Aboriginal Law Subsection
    • Competition Law (National)
  • Canadian Defence Lawyers Association
  • American Bar Association
  • Defence Research Institute (U.S.)
    • Products Liability Committee
    • Women in the Law Committee

Directorships

Special Recognition

  • Received a "BV Distinguished 4.4 out of 5" Peer Review Ranking from Martindale-Hubbell.
Representative Transactions

Joan Young has been counsel to the following:

  • Counsel to the Province of British Columbia in successfully opposing a certification of a Class Action involving medical services to children with Autism.
  • Counsel to 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.
  • Trial 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.
  • 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.
  • Trial Counsel for Marriott Hotels of Canada Ltd in successfully defending a wrongful dismissal lawsuit brought by a senior manager with 22 years seniority.
  • Trial 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 to 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 to the Ministry of Transportation and Highways representing the Ministry of Transportation and Highways in a dispute over a highways tender.

Joan has been appointed in several high profile 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.

publications and presentations
May 2013
Supreme Court of Canada holds Aboriginal rights cannot be used to justify road blockades
aboriginal bulletin
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
September 2012
when "private" isn't private: discovery in the age of Facebook
litigation bulletin


  • litigation
    • administrative law & tribunals
    • alternative dispute resolution
    • class actions
    • commercial litigation
    • insurance & personal injury litigation
  • product liability
  • aboriginal
  • banking & project finance 
    • public private partnerships
  • employment & labour
  • government relations / public advocacy
    • administrative law & tribunals
    • government relation 
  • competition and antitrust
Called to the British Columbia bar - 1991

University of Victoria, LLB - 1990

University of British Columbia, BA - 1987