Partner Ludmila Herbst, KC, is a leading litigator in corporate, commercial and regulatory cases. She has represented clients before all levels of court in BC, the Federal Court and the Supreme Court of Canada, as well as arbitral and administrative tribunals including the BC Utilities Commission. She co-authored Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations, which is a leading text cited by trial and appellate courts across Canada. She has written many articles, has presented at and chaired numerous conferences, and is the long-time assistant editor of The Advocate, which is distributed six times per year to BC lawyers and subscribers beyond. She also chairs The Advocates’ Society Regional Advisory Committee and participates on gala, award and education subcommittees. She has been a member of advisory groups including on reform to the provincial Limitation Act and Arbitration Act. She is ranked highly by Best Lawyers (including as one of its 2023 Lawyers of the Year), Chambers Canada and Lexpert®. Admitted to the British Columbia Bar (1999). Appointed Queen’s Counsel (2015).
Representative Matters:
- Musqueam Block F Land Ltd. v. British Columbia, 2023 BCCA 237 – obtained leave to appeal from stated case decision on application of new tax
- Shakeri-Saleh v. Estate of Ahmadi-Niri, 2022 BCSC 700 – defence of Mareva injunction
- MSI Methylation Sciences, Inc. v. Quark Ventures Inc., 2019 BCCA 448, aff’g 2019 BCSC 440 – competing applications to challenge or for leave to enforce commercial arbitration award decided in favour of Farris’ client
- British Columbia Old Age Pensioners’ Organization v. British Columbia Utilities Commission, 2017 BCCA 400 – whether BC Utilities Commission may require low income rates.
- Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 3 – defence of property assessment for Shaughnessy Golf and Country Club against challenge from Musqueam Indian Band.
- Walters v. Agricultural Land Commission, 2016 BCSC 1618 – whether declaratory relief should be granted against statutory tribunal on matter of statutory interpretation within its jurisdiction.
Legal Recognition:
- Chambers Canada Ranked Lawyer (2024)
- Benchmark Canada Litigation Star (2024)
- The Best Lawyers in Canada (2024)
- Lexpert Leading Lawyers in Canada (2024)
- The Best Lawyers “Lawyer of the Year” in Energy Regulatory Law (2023)
- Benchmark Canada Top 100 Women in Litigation (2023)
- Lexpert Leading Energy Lawyers (2023)
- Lexpert Leading Litigation Lawyers (2023)
- Lexpert Leading Infrastructure Lawyers (2021)
- Martindale-Hubbell Ranking (AV)
- Queen’s Counsel, now King’s Counsel (2015)
- Senior Fellow, Litigation Counsel of America
- Fellow, American College of Trial Lawyers
Updated August 2024
