Farris

British Columbia

Review

Dispute resolution

Farris Vaughan Wills & Murphy provides a comprehensive and diverse array of litigation services that ranges from commercial litigation, securities, family law and administrative law to labor and employment. While recognized as “a classic Vancouver firm,” Farris is noted by peers as being “well positioned because of the big group of younger partners that are coming up and complementing the more senior people that are Farris ‘lifers.’” One peer notes, “Farris is rebuilding and doing a great job. They are one of the few regional firms that has that level of breadth in litigation – they’ve got commercial, securities, class actions, Aboriginal, employment, family law…there really isn’t any other litigation shop in Vancouver covering the spectrum like them. They’re obviously not a national firm but in this city they are almost of a national-size bench – top-flight firm.”
     Peers largely credit this transition to Ludmila Herbst, an all-purpose litigator who earned her stripes at Farris over the past several years and has since emerged as “a de facto leader now.”Ludmila has fully taken over now in leading the team,” asserts a peer. “She is a top lawyer and person, she deserves all of the top billing she gets.” Herbst represents Musqueam Indian Band Block F, which holds title to a large-scale development project at the University Endowment Lands. The client challenges the application of the Additional School Tax (AST), which was introduced by legislation in 2018, to certain of its properties. In this closely watched case, the taxpayer was successful in persuading the Property Assessment Appeal Board that AST did not apply to the properties at issue. Herbst also led a firm team that represents the Law Society of British Columbia, one of the participants granted standing in a commission inquiry that was established by the provincial government in 2019 to investigate allegations of money laundering in several specific industry sectors. While Herbst is lauded for her role in continuing Farris’s tradition of litigation excellence through development of the team, Michael Wagner has risen to become noted as “the entrepreneurial litigation magnet of that firm,” by a peer, who goes on to marvel, “I think he’ll be doing this for the next 25 years, he’s just at that sweet spot. The amount of work that comes in for him is just staggering, and it’s all really interesting work! All of his cases seem to have a story behind them, which he is great at relaying.” In one such case, which also involves seasoned star Rob Anderson, Wagneracted for an individual on a quasi-family law level in two litigation matters; one an oppression petition, valued at approximately $75 million, which resulted in an order in the client’s favor. The second was a suit brought by the client’s niece, alleging a breach of a “testamentary contract” by which the client committed to give her wealth, valued at approximately $55 million to the niece. Following a 19-day trial, the court dismissed the claim, finding that the niece had forged two key documents. On appeal, in December 2022, a unanimous Court of Appeal upheld the trial judge’s findings of forgery. Rebecca Morse attends to an insolvency and estate litigation practice, with a substantial level of this dedicated to the construction sector. Robert McDonell is counsel for three defendants in the massive opioid national class action commenced across Canada. There are 49 defendants with the provincial and federal governments as the intended members in the British Columbia class action. Michael Korbin attends to a vibrant labor and employment practice. A peer confirms, “I send all my high-end employment files to Michael because he’s so ferocious!” Key members of the younger generation at Farris are also making their marks. Tim Louman-Gardiner, an insolvency-focused partner, acted for the seller of a winery in obtaining security for an unpaid portion of the purchase price and the appointment of a receiver, with the sale of assets through that process allowing the winery to continue to operate as a going concern. This matter is valued at $12 million. Relatively new partner Kevin Smith (who attained this status as of January 2022) is said to have “taken up the cudgel of public law cases, a practice once dominated by universally respected former Farris partner, the late Joe Arvay.” Enthusiasm is also on the rise for another new partner, Yun-Li Reilly. “I think she’s quite good,” testifies a peer. “I had a file with her on which she was junioring, and I was very impressed with her.” Li-Reilly defended Simon Fraser University and a former PhD Candidate and sessional instructor against allegations by another former PhD Candidate and sessional instructor who was terminated by the University, who claimed conspiracy to defame on the part of the defendants.