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Partner

Ludmila B. Herbst Q.C.

Office

Vancouver

Key Practice Area

Advocacy & Litigation

Year of Call

1999

Qualifications

Education

Ludmila is a litigator whose practice includes corporate, commercial, resource-related and constitutional cases. Ludmila has represented clients before all levels of court in British Columbia, the Supreme Court of Canada, arbitration tribunals, and administrative tribunals including the British Columbia Utilities Commission and the Property Assessment Appeal Board.

Ludmila was named female litigator of the year for British Columbia by the 2013 Benchmark Canada Litigation Guide and has repeatedly been named as a Litigation Star as well as among the Top 25 Female Litigators in Canada. She is recognized in the annual Best Lawyers Directory as a leading corporate and commercial litigator as well as in Chambers Canada. In 2010, Lexpert named Ludmila as one of Canada’s 40 Leading Lawyers under 40.

Ludmila joined Farris in 1998 after graduating as the Law Society Gold Medallist from the University of British Columbia. She frequently presents at conferences and publishes on issues pertaining to her practice. She is one of the two co-authors of Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations, a leading text on arbitration law that has been cited by trial and appellate courts across Canada. Ludmila is the assistant editor of, and a contributor to, the Advocate, a legal journal circulated to all lawyers in British Columbia with a readership throughout the Commonwealth. She is on the editorial board of, and contributes to, British Columbia Business Disputes, which won an Outstanding Achievement award from the Association for Continuing Legal Education. She has written for numerous other publications on topics including commercial arbitration, civil procedure, evidence and the sale of goods.

  • N.L. Investments Ltd. v. Provincial Agricultural Land Commission, 2019 BCSC 1191 – judicial review application regarding statutory tribunal decisions.
  • MSI Methylation Sciences, Inc. v. Quark Ventures Inc., 2019 BCSC 440 – competing applications to challenge or for leave to enforce commercial arbitration award.
  • 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.
  • Member of the Law Society of British Columbia
  • Member of the Canadian Bar Association
  • Member and regular presenter at the Western Canada Commercial Arbitration Society
  • Member of the Advocates’ Society
  • Member and former executive member of the Canadian Property Tax Association-BC Branch
  • Fellow of the Litigation Counsel of America
  • Queen’s Counsel (2015)
  • Chambers Canada Ranked Lawyer (2020)
  • Lexpert Leading Lawyers in Canada (2019)
  • The Best Lawyers in Canada (2011-2020)
  • Benchmark Canada ‘Top 25 Women in Litigation’ (2019)
  • Benchmark Canada (2012-2019)
  • Martindale-Hubbell Ranking (BV)
  • Regular presenter for the Continuing Legal Education Society of British Columbia and regular contributor to its publications
  • Occasional presenter for Canadian Bar Association, Trial Lawyers Association of BC, ADR Institute of Canada, Advocates’ Society and other organizations
  • Member of Attorney General of BC’s Arbitration Advisory Group, advising on reforms to arbitration legislation in BC
  • Past member of the executive of the Canadian Property Tax Association-BC Branch, CBABC Administrative Law subsection, Advocates Club