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Malinda Yuen

Counsel
Calgary
About

Malinda Yuen practises in the areas of civil litigation and employment law. She has particular experience in ‎corporate litigation, real estate disputes and employment matters.‎

Malinda is experienced before all levels of courts in Alberta and Manitoba and appeared before various administrative ‎tribunals. She also has experience in alternative dispute resolutions.‎

Malinda attended the University of Manitoba, where she earned a Bachelor of Arts in 2001 and a Bachelor ‎of Laws in 2004 and received numerous academic awards. In her final year of law school she worked as a clerk to the judges of the Manitoba Court ‎of Appeal.‎

She was called to the Bar in 2005 in Manitoba and practised at a major firm in Winnipeg prior to moving to ‎Alberta, where she was called to the Bar in 2007.

 
Areas of FocusLitigation, Arbitration and InvestigationsEmployment
Bar admissionsAlberta, 2007Manitoba, 2005

EXPERIENCE

  • Represents clients in alleged wrongful termination actions and actions to enforce restrictive covenants.‎
  • Provides advice on employment contracts, termination of employment, workers’ compensation, ‎employment standards and human rights. Malinda routinely provides advice on the employment related ‎aspects of transactions including asset and share sales.‎
  • Represents clients in oppression remedy claims, real estate development issues, contractual disputes, ‎intellectual property matters, judicial review of administrative decisions, and defamation claims.‎
Languages
  • English
Education
  • LL.B., University of Manitoba, 2004

  • B.A., English (with Distinction), University of Manitoba, 2000

Awards

  • Recipient, Law Society of Manitoba 2005 A. Montague Israels Q.C. Prize for community and ‎‎professional involvement, academic performance and dedication to the practice of law, together with ‎‎numerous academic awards throughout her university career.‎

Publications

  • Sealing Orders After Sherman Estate, The Advocates’ Quarterly, Volume 53, Issue 4, June 2023‎
  • Wastech v Greater Vancouver; The Supreme Court narrows the scope of review over the exercise of contractual discretionary power, February 2021
  • Callow v Zollinger: the Supreme Court of Canada expands the duty of good faith performance of a contract, December 2020
  • Co-Author, “(Re)confirmation of a Fundamental Right: Four Supreme Court of Canada Solicitor-Client ‎Privilege Decisions in 2016”, The Annual Review of Civil Litigation 2018, Carswell, Oct 2018‎
  • Member of DLA Piper (Canada) LLP’s Labour and Employment Editorial Committee

Seminars

  • Speaker, 2022 DLA Piper (Canada) LLP Employment and Labour Webinar Conference, Cross-Canada case law update, Calgary‎
  • Speaker, Sealing Orders Post Sherman Decision, Canadian Bar Association, Civil Litigation South, February 22, 2022
  • Speaker, 2020 DLA Piper (Canada) LLP Employment and Labour Webinar Conference, Managing ‎Potential Discrimination Hazards in the COVID -19 Workplace, Calgary‎
  • Speaker, 2019 DLA Piper (Canada) LLP Employment and Labour Conference, Three is a Crowd: ‎Employees, Independent Contractors, and Dependent Contractors, Calgary
  • Speaker, 2018 DLA Piper (Canada) LLP Employment and Labour Conference, Workplace Investigations, ‎‎Calgary
  • Speaker, 2017 DLA Piper (Canada) LLP Employment and Labour Conference, Employee Privacy ‎‎Considerations, Calgary
  • Speaker, 2016 DLA Piper (Canada) LLP Employment and Labour Conference, Just cause termination: ‎‎protecting against wrongful dismissal suits, Calgary
  • Speaker, 2015 DLA Piper (Canada) LLP Employment and Labour Conference, Workplace Investigations, ‎‎Calgary‎

Community Involvement

  • Coordinator, Pro Bono Law Alberta, Civil Claims Duty Counsel
  • Planning Committee Chair and Volunteer, Dragon and Lion Dance International of Canada
  • Volunteer, Winnipeg Folklorama Festival - Chinese Pavillion‎
  • Volunteer Baker, Icing Smiles Canada

Memberships And Affiliations

  • Member, Alberta and Canadian Bar Associations, Employment and Civil Litigation subsections
  • Member, Association of Women Lawyers
  • Member, Phi Delta Phi Legal Ethics Association

My latest insights

Publication

Alberta Court of Appeal: Revisiting presumptions regarding termination provisions

1 August 2023 .4 minute read

Publication

Filling in a gap in the law? Alberta court recognizes harassment as tort

27 June 2023 .4 minute read

Publication

Wastech v Greater Vancouver: The Supreme Court narrows the scope of review over the...

9 February 2021 .9 minute read

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Connect

Phone

+1 403 698 8759
(Work, Calgary)
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