Band 4
Spotlight
About
Provided by Ludmila Herbst KC
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