Joan Young photo
Joan Young photo
Joan Young photo

Joan Young heads McMillan’s Litigation & Dispute Resolution Group in British Columbia.  A highly skilled and seasoned courtroom advocate, Joan has appeared before the courts in BC, Alberta and Yukon, the Federal Court of Canada and the Supreme Court of Canada, as well as before numerous provincial and federal administrative tribunals. Her practice focuses on complex commercial litigation involving competition, commercial and regulatory, public law and product liability.

Joan is McMillan’s leading class action lawyer in British Columbia and with involvement in multiple class actions, including major civil cartel cases (Automotive Wire Harnesses, Spark Plugs, Ignition Coils, Electronic Control Units, Search Ads, Optical Disk Drives, Ramen Noodles, Capacitors, Roll-on/Roll-off Car Carriers, Forged Steel), privacy breaches (Facebook Device Manufacturer, Gmail), product liability and consumer claims (Air Bag Sensors, Fuel Pumps, Diesel Engine Defeat Device, Opioids), Securities (Bridgemark Group) and public law (Autism Treatment, Grizzly Bear Hunting Ban). Joan acted as co-counsel in one of Lexpert’s “Top 10 Cases of 2019-2020,” representing the appellant before the Supreme Court of Canada in the leading case on certification standards in antitrust class actions (Pioneer Corp. v. Godfrey).   On the product liability side, she has acted for manufacturers in disputes involving motor vehicles, fire and security products, consumer products, recreational products, construction and industrial machinery, and building materials.

Joan has also advised on public law issues for over 30 years, including administrative law, procedural fairness, judicial review of government action, misfeasance in public office, and integrity in procurement (including involvement in over 15 multi-million dollar P3 procurements for governments across Western Canada).

“Consistently exceeds expectations,” is very “thorough and sharp” and highlighted the “notable number of fans among clients.”

Recognized by her peers as “consistently recommended” and “repeatedly recommended” by Lexpert, Joan has been ranked as one of Canada’s Leading Litigators for her advocacy work in Litigation: Corporate Commercial and Competition Law. Benchmark Canada has repeatedly recognized Joan’s strengths as an advocate where she is ranked as a “Litigation Star” for class actions, corporate commercial litigation and product liability. Reviewers highlighted that she “consistently exceeds expectations,” is very “thorough and sharp” and highlighted the “notable number of fans among clients.” She similarly holds a “Distinguished” rating from Martindale. Joan previously served as legal counsel to Office of the Premier of British Columbia and special advisor to the Attorney General of British Columbia.



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
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Teaching Engagements

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

News


Media Mentions


Rankings & Recognition

  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of Competition Law and a Repeatedly Recommended Lawyer in the area of Litigation – Corporate Commercial
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Competition Law
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
  • 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, Women’s 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

  • Member of the International Association of Defence Counsel
  • Member of the Women’s White Collar Defense Association
  • 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 (44 Posts)View More

Featured Insight

The Latest Risk to the BC Natural Resource Sector: Government Uses Little Known Law to Freeze Mining Rights Unless First Nations Consent

BC's government has issued unprecedented orders, to prohibit mining activity in certain areas, unless First Nations consent.

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Mar 11, 2024
Featured Insight

BC Government Consulting on New Law to Give Indigenous Groups Control over Crown Land Decisions

The Government of BC is seeking to amend the Land Act to provide decision making power over Crown land to Indigenous groups.

Read More
Jan 24, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

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Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

Automotive Webinar Series | Part III: Where Rubber Meets the Road: Automotive Litigation Update

At this session, our panel of experts will provide a panoramic view of the evolution of automotive class actions across Canada, a review of best practices for managing disputes with distributors and franchisees, and
insights into litigation and disclosure obligations arising from automotive industry labour issues.

Details
Wednesday, November 29, 2023
Featured Insight

Nothing Casual about it: Hotel Faces Employees’ Class Action over Employment Benefit Changes

Hotel faces employees' class action over employment benefit changes.

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Sep 29, 2023
Featured Insight

Indigenous Law Update: What the B.C. Natural Resource Sector Should Know About “Non-Treaty” Agreements

This bulletin discusses non-treaty agreements with indigenous groups in British Columbia.

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Aug 22, 2023
Featured Insight

No Merit: Scope of Pre-Certification Disclosure Remains Limited

B.C. Court of Appeal confirms that pre-certification disclosure remains limited to documents necessary for certification process.

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Jul 19, 2023
Featured Insight

What’s in a Name: No Need to Sue Public Officials Individually

A discussion of the recent British Columbia’s Court of Appeal decision relating to bringing claims in misfeasance in public office.

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Feb 13, 2023
Featured Insight

Not So Independent: What Businesses Need To Know About Terminating “Dependent” Contractors

Firing a contractor is not as easy or straightforward as it seems. Depending on the relationship, a contractor can be deemed to be an employee. Find out why.

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Jan 3, 2023
Featured Insight

Can they really do that? Understanding the limits of governmental permitting and compliance powers

While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.

Details
Wednesday, November 9, 2022
Featured Insight

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

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Aug 9, 2022
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

Couldn’t Scrape By: BC Court Rejects Certification of Class Action against Facebook

BC Court dismisses certification application for class action against Facebook for allegedly scraping user data from their messenger app.

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Feb 17, 2022
Featured Insight

Privacy, Please: Firm that Breached Instagram’s Privacy Policies Loses Class Action Ruling

A discussion of the recent B.C. Supreme Court decision certifying a class action against a U.S.-based marketing firm that breached Instagram privacy rules.

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Feb 15, 2022
Featured Insight

Excess Baggage: Round Two of the Westjet Baggage Fee Class Action

Trotman v WestJet Airlines Ltd, 2022 BCCA 22- appeal of class action certification against Westjet relating to charging of baggage fees.

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Feb 11, 2022
Featured Insight

Check Out Time: Court Certifies Class Action for Dismissal of Hotel Employees due to the Pandemic

The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action

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Feb 1, 2022
Featured Insight

Secondary Market Liability Securities Claims: Evidence Needed For Leave

This case comment discusses a recent British Columbian decision about secondary market claims for misrepresentation and when leave will be granted

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Dec 13, 2021
Featured Insight

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

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

Read More
Jan 29, 2021
Featured Insight

McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

Details
December 2, 2020 - 1:00 pm to 2:30 pm ET
Featured Insight

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

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

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Apr 24, 2020
Featured Insight

Managing Disputes During COVID-19

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

Apr 21, 2020
Featured Insight

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

Waivers of Liability Must be Clearly Identified to be Effective

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Mar 19, 2020
Featured Insight

Old Consideration Is No Consideration for Changes to Employee Contract

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

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Feb 4, 2020
Featured Insight

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

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

Read More
Jan 6, 2020
Featured Insight

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory

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”).

Read More
Jun 1, 2019
Featured Insight

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

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

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Apr 12, 2019
Featured Insight

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

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

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Sep 26, 2018
Featured Insight

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

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

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Sep 13, 2018
Featured Insight

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

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

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Jun 29, 2017
Featured Insight

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

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

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May 1, 2017
Featured Insight

Duty to Consult does not Apply to all Aboriginal Concerns

Duty to Consult does not Apply to all Aboriginal Concerns

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Apr 17, 2017
Featured Insight

Class Actions Keep on Rollin’

Class Actions Keep on Rollin'

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Jan 19, 2017
Featured Insight

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

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

Read More
Jan 17, 2017
Featured Insight

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

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

Read More
Aug 18, 2016
Featured Insight

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

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.

Details
December 2, 2015 - 9:00 AM to 4:00 PM
Featured Insight

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

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

Read More
Nov 19, 2015
Featured Insight

Employer Obligations on Federal Election Day

Employer Obligations on Federal Election Day

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Oct 9, 2015
Featured Insight

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

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.

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Sep 10, 2015
Featured Insight

Commonality is Key: Class Proceeding Certification Denied

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

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Jun 26, 2015
Featured Insight

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

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

Read More
Mar 13, 2015
Featured Insight

One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time

One Step Forward and Two Steps Back: Province Found to Have Breached Aboriginal Consultation Obligations for Second Time

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Mar 7, 2015
Featured Insight

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

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

Read More
Feb 22, 2015

Deals & Cases (2 Posts)

Featured Insight

Optical Disk Drives Price Fixing Class Action

In December 2018, McMillan appeared before the Supreme Court of Canada (“SCC”) to appeal the certification decision. The action was certified in British Columbia and upheld by the BC Court of Appeal.

Read More
Sep 1, 2019
Featured Insight

Cassiar Gold files judicial review petition alleging “incremental treaty agreement” is unfair to third party interests

Cassiar Gold files judicial review petition alleging “incremental treaty agreement” is unfair to third party interests

Read More
Jan 25, 2016