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 our Vancouver Advocacy and Litigation Group. She specializes in civil and commercial litigation, representing a wide range of clients and industries including mining, forestry, hospitality, manufacturing, insurance and government. Joan's broad litigation experience includes government and public agency law, aboriginal law, tort law and employment law.

Joan represents clients at all levels of courts in British Columbia, including in civil jury trials, as well as appearing before numerous administrative boards such as the Environmental Appeal Board, provincial and federal Human Rights Tribunals, Labour Relations Board, Employment Standards Tribunal, Workers Compensation Appeal Tribunal, and the Children's Commission Tribunal. She has extensive experience advising and defending private sector clients on the impacts of public and administrative law decisions, as well as public institutions in claims related to the operation of government programs.

Joan's focus in her employment practice is providing proactive advice to public and private sector business on how to prevent and resolve disputes. She advises employers in various aspects of employment and human rights law, and in defending vicarious liability and negligence claims for the misconduct of employees. She provides guidance to her clients in successfully managing and reducing litigation risk in their business operations.

Joan has significant experience in negligence and tort claims, and products liability. She advises and represents clients in litigated matters through trial and appeal. She is equally experienced working with clients to settle claims in alternative dispute resolution and in mediation of claims outside of the court system.

As one of British Columbia's most experienced Fairness Advisors for public sector procurements, Joan has been appointed in several high profile procurements to provide advice and oversight on the entire 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. 

Memberships

  • Vancouver Bar Association
  • Canadian Bar Association, BC Branch
    • Provincial Council Member (elected), Vancouver County Representative 
    • Civil Litigation Subsection
    • Employment Law Subsection
    • Aboriginal Law Subsection
    • Products Liability Subsection
  • Canadian Defence Lawyers 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:

  • Representing a forestry company to oppose an injunction related to their harvesting activities in a First Nation's traditional territories (2011)
  • Representing a mining company in an appeal of various environmental permits (2011)
  • Representing an international mining company to obtain an injunction to prevent the continued blockade of the mine's operations (2010)
  • Marriott Hotels of Canada Ltd – successfully defended a wrongful dismissal lawsuit brought by a senior manager with 22 years seniority, 2009.
  • Insurance Corporation of British Columbia – represented 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, 2008.
  • Province of British Columbia – defended 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, 2003.
  • Attorney General of British Columbia – represented the Ministry of Children and Families, the Ministry of Education and the Medical Services Commission in a constitutional challenge, 2000.
  • Attorney General of British Columbia – represented the Ministry of Children and Families, the Ministry of Education and the Medical Services Commission in successfully opposing a certification for a class action, 1999.
  • Ministry of Transportation and Highways - represented the Ministry of Transportation and Highways in a dispute over a highways tender, 1996.

Joan has been appointed in several high profile procurements, including most recently:

  • 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
November 2011
B.C. Court of Appeal rolls back Aboriginal groups' multi-million dollar award for court costs
aboriginal law bulletin
September 2011
is your labour day picnic a looming company liability?
litigation bulletin
June 2011
Social Media in the Workplace: Employment Law Update
presentation to Corporate Counsel Series
December 2009
When Good Parties Go Bad: Liability For Employers
Co-Author, Lang Michener Alert and Lexology


  • aboriginal
  • banking & project finance 
    • public private partnerships
    employment & labour
    • employee contracts & policies
    • employee privacy
    • employee terminations
    • human rights
    • labour relations
  • government relations / public advocacy
    • administrative law & tribunals
    • government relations
  • litigation
    • administrative law & tribunals
    • alternative dispute resolution
    • class actions
    • commercial litigation
    • insurance & personal injury litigation
  • product liability
Called to the British Columbia bar - 1991

University of Victoria, LLB - 1990

University of British Columbia, BA - 1987