On September 9, 2016, the Supreme Court of Canada released reasons for judgement in favour of the Shaughnessy Golf and Country Club in a property assessment dispute with the Musqueam Indian Band. The Club leases land on the Musqueam Indian Reserve under a lease that restricts the Club’s use of the property to a golf and country club. The Club pays annual property taxes on that land. In 2011, the Musqueam Indian Band sought to prevent the Assessor from considering the use restriction in the lease in assessing the value of the property. The Club defeated this attempt at the B.C. Supreme Court, the B.C. Court of Appeal, and now the Supreme Court of Canada. Ludmila has been co-counsel for the Club throughout these court battles. At the B.C. Court of Appeal and Supreme Court of Canada, her co-counsel was John Hunter Q.C. of Hunter Litigation Chambers.
Ludmila Herbst and Farris associate Nav Shukla often represent clients in property assessment and property tax matters, as well as in other litigation.