Ranked in 2 Practice Areas
4

Band 4

Litigation: General Commercial

British Columbia

7 Years Ranked

Spotlight

Litigation: Administrative & Public Law

British Columbia

4 Years Ranked

About

Provided by Ludmila Herbst KC

Canada

Practice Areas

Advocacy & Litigation; Class Actions; Administrative & Regulatory Law; Arbitration; Appellate Advocacy; Corporate & Commercial Litigation; Shareholder Disputes and Securities Litigation; Government & Public Municipal Sector; Oil & Gas; Utilities

Professional Memberships

Member of the American College of Trial Lawyers

Member of the Law Society of British Columbia

Member of the Canadian Bar Association

Member of the Western Canada Commercial Arbitration Society

Member of the Advocates’ Society

Member and former executive member of the Canadian Property Tax Association-BC Branch

Member of Attorney General of BC’s Arbitration Advisory Group, advising on reforms to arbitration legislation in BC

Member of the Litigation Counsel of America’s Trial Law Institute and Diversity Law Institute

Experience

Partner Ludmila Herbst, KC, is a leading litigator in corporate, commercial, regulatory and constitutional cases. She has represented clients before all levels of court in BC, the Federal Court and the Supreme Court of Canada, as well as before 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, sits on the Vancouver International Arbitration Centre’s board, and participates on various 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), Benchmark Canada (including as one of its top women in litigation nationwide), Chambers Canada and Lexpert. Admitted to the British Columbia Bar (1999). Appointed Queen's Counsel (2015).

Work Highlights

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

R.N.L. Investments Ltd. v. Provincial Agricultural Land Commission, 2019 BCSC 1191 – judicial review application regarding statutory tribunal decisions.

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.

Chair of the British Columbia Regional Advisory Committee of The Advocates’ Society

Board of Directors of the Vancouver International Arbitration Centre

Regular presenter for the Continuing Legal Education Society of British Columbia

Occasional presenter at other continuing professional development programs for The Canadian Bar Association, The Advocates’ Society, Trial Lawyers of BC, ADR Institute of Canada and other organizations

Access Pro Bono volunteer

Past president and secretary of The Advocates Club

Past secretary of The Canadian Property Tax Association (BC Branch)

Past executive member of The Administrative Law subsection of The Canadian Bar Association (BC Branch)

Career

Called to the British Columbia Bar, 1999

Publications

The Best Lawyers in Canada (2024)

The Best Lawyers “Lawyer of the Year” in Energy Regulatory Law (2023)

Chambers Canada Ranked Lawyer (2023)

Benchmark Canada Litigation Star (2023)

Benchmark Canada Top 100 Women in Litigation (2023)

Lexpert Leading Lawyers in Canada (2023)

Lexpert Leading Energy Lawyers (2023)

Lexpert Leading Litigation Lawyers (2022)

Lexpert Leading Infrastructure Lawyers (2021)

Martindale-Hubbell Ranking (AV)

Queen’s Counsel, now King’s Counsel (2015)

Fellow, Litigation Counsel of America

Education

University of British Columbia

LL.B., Gold Medallist

1998

University of British Columbia

M.A., Pol. Sci

1995

University of British Columbia

B.A., Pol. Sci. with International Relations, Hons.

1994

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