Partner

Ludmila B. Herbst K.C.

Office

Vancouver

Key Practice Area

Advocacy & Litigation

Year of Call

1999

Qualifications

Education

Ludmila is an experienced litigator. For 25 years, she has acted for clients in corporate, commercial, regulatory and public law matters dealing with shareholder and other corporate disputes, contractual issues, real property (including property tax), energy regulation, anti-money laundering issues and many others.

She has represented clients before all trial and appellate courts in British Columbia as well as the Federal Court and the Supreme Court of Canada. Ludmila also often argues cases before arbitrators and administrative tribunals, including the British Columbia Utilities Commission and the Property Assessment Appeal Board. She acted for a participant in the Cullen Commission of Inquiry into Money Laundering in British Columbia.

Ludmila frequently chairs and presents at conferences and publishes on issues pertaining to her practice. She was featured in the February 2023 “Spotlight” of the Continuing Legal Education Society of British Columbia for her longstanding contributions to legal education. She is one of the two co-authors of Commercial Arbitration in Canada: Domestic and International Arbitrations, a leading text on arbitration law that has been cited by trial and appellate courts across Canada. She is also the assistant editor of, and a regular contributor to, the Advocate, a legal journal circulated to all lawyers in British Columbia with a readership throughout the Commonwealth.

Ludmila has long been recognized as a leading lawyer in Canada by publications including Benchmark Litigation, Chambers Canada, Best Lawyers and Lexpert. She is Best Lawyers’ Lawyer of the Year – Energy Regulatory Law in Vancouver for 2023.

 

  • 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.
  • 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
  • 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 (2023)
  • Lexpert Leading Infrastructure Lawyers (2021)
  • Martindale-Hubbell Ranking (AV)
  • Queen’s Counsel, now King’s Counsel (2015)
  • Fellow, Litigation Counsel of America
  • 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)
  • Co-author, Commercial Arbitration in Canada, looseleaf (Aurora, Ont.: Canada Law Book), with yearly updates (first published in 2004) – cited by trial and appellate courts across Canada
  • Author, “Entre Nous”, numerous issues of the Advocate (2014 to 2023)
  • Author, “Legal Anecdotes and Miscellanea”, 81 Advocate 773 (September 2023) (B.C.’s floral emblem)
  • Author, “Legal Anecdotes and Miscellanea”, 81 Advocate 457 (May 2023) (British Empire’s first female K.C.)
  • Co-presenter, “Efficient International Commercial Arbitration” – joint webinar of the Vancouver International Arbitration Centre (“VanIAC”) and California Arbitration (March 1, 2023)
  • Chair and co-presenter, Commercial Arbitration 2023 conference – Continuing Legal Education Society of British Columbia (February 23, 2023)
  • Co-chair, Cullen Commission Report – Commission of Inquiry Into Money Laundering in British Columbia – Continuing Legal Education Society of British Columbia (November 23, 2023)
  • Author, “Legal Anecdotes and Miscellanea), 80 Advocate 771 (September 2022) (Scropes v. Grosvenor)
  • Co-Author, “What’s New on Canada’s West Coast? VanIAC’s New International Commercial Arbitration Rules of Procedure”, Kluwer Arbitration blog (July 8, 2022)
  • Co-Presenter, “VanIAC’s New International Commercial Arbitration Rules” (June 15, 2022)
  • Co-Presenter, “Arbitration Nuts and Bolts: Tips for Navigating Domestic and International Commercial Arbitrations”, VanIAC-CBABC seminar (May 18, 2022)
  • Author, “Legal Anecdotes and Miscellanea”, 80 Advocate 457 (May 2022) (Greco-Roman influences on courthouse architecture in British Columbia)
  • Co-chair, “Chambers Advocacy” – Advocates’ Society (April 13, 2022)
  • Co-presenter, “Amacon – Past, Present and Future”, Canadian Property Tax Association – BC Branch seminar (April 11, 2022)
  • Author, “Legal Anecdotes and Miscellanea”, 80 Advocate 291 (March 2022) (Black lawyers nominated as Q.C./K.C.)
  • Author, “On the Front Cover – Daleen Millard”, 80 Advocate 179 (March 2022)
  • Co-presenter, “What Do You Look For in a Junior”, Continuing Legal Education Society of British Columbia conference (March 4, 2022)
  • Panellist, “2021 Trendspotting: The Rise in Challenges to Arbitral Awards” for the Chartered Institute of Arbitrators and Canadian Journal of Commercial Arbitration (January 27, 2022)
  • Panellist, “Legislative Reform”, at ADRIC Arbitration Forum segment of CanArbWeek 2021 (September 21, 2021)
  • Author, “Legal Anecdotes and Miscellanea”, 79 Advocate 771 (September 2021) (The Cranmer Potlach: December 1921)
  • Co-Author, “Legal Anecdotes and Miscellanea”, 79 Advocate 625 (July 2021) (Old Bailey traditions)
  • Panel chair and presenter, “The Hearing and Afterwards” at VanIAC “Arbitration Nose to Tail” conference (May 2021)
  • Author, “Legal Anecdotes and Miscellanea”, 79 Advocate 297 (March 2021) (1916 court case about whether Francis Bacon wrote the works attributed to William Shakespeare)
  • Presenter, Western Canada Commercial Arbitration Society (“WCCAS”) annual general meeting – case law update (November 2020)
  • Author, “Legal Anecdotes and Miscellanea”, 78 Advocate 937 (November 2020) (Canada-US border at Point Roberts)
  • Presenter on panel, “Arbitration Appeals in Commercial Cases: The Good, the Bad and the Ugly” at ADRIC conference (October 2020)
  • Co-author, “Advocate News”, 78 Advocate 743 (September 2020)
  • Author, “Legal Anecdotes and Miscellanea”, 78 Advocate 623 (July 2020) (re world’s first quarantine law)
  • Co-author, “Interveners in Challenges to Commercial Arbitration Awards?” ADR Perspectives Newsletter (May 2020)
  • Author, “Legal Anecdotes and Miscellanea”, 78 Advocate 463 (May 2020) (re driving on the right in BC)
  • Author, “Litigating without a Trial”, CLE “Practice Points” (February 2020)
  • Author, “Legal Anecdotes and Miscellanea”, 78 Advocate 141 (January 2020) (re lion sculptures at former Vancouver courthouse)
  • Presenter and Author, CLE “Litigator’s Arsenal” conference (November 27, 2019)
  • Author, “Komagata Maru: A Grand Scene on a Blue Stage – Part 2”, 77 Advocate 539 (July 2019)
  • Presenter, WCCAS annual Energy, Mining and Resources conference (May 7, 2019)
  • Presenter, CLE “How to Be a Great Litigation Junior 2019” conference (May 3, 2019)
  • Author, “Komagata Maru: A Grand Scene on a Blue Stage – Part 1”, 77 Advocate 351 (May 2019)
  • Panellist/Presenter, Advocates’ Society Women in Litigation Symposium (April 8, 2019)
  • Author, “Legal Anecdotes and Miscellanea”, 77 Advocate 295 (March 2019) (re “Habeas Corpus and the Escape of Charles Mitchell”)
  • Presenter, WCCAS Meeting (November 3, 2018)
  • Author, “Legal Anecdotes and Miscellanea”, 76 Advocate 945 (November 2018) (re Puritan Christmas laws)
  • Author, “Legal Anecdotes and Miscellanea”, 76 Advocate 615 (July 2018) (re “Canada’s Russia Investigation” – 1946)
  • Panellist/Co-Presenter, on “Arbitration Practice”, CLE “Commercial Litigation 2018” conference (June 22, 2018)
  • Presenter, Canadian Property Tax Association – BC Chapter Seminar (June 13, 2018)
  • Co-Presenter, ADR Institute of BC’s Symposium on “Passion, Purpose and Impact in Challenging Times” (June 11-12, 2018)
  • Panel Moderator, Benchmark Women in Litigation conference (May 10, 2018)
  • Author, “Legal Anecdotes and Miscellanea”, 76 Advocate 279 (March 2018) (re “Advocate Articles: Judicially and Otherwise Considered”)
  • Presenter, WCCAS Annual Meeting (November 25, 2017)
  • Panellist/Presenter, Annual Law and the Media Seminar (November 1, 2017)
  • Co-Author, “Tale of Two Richardsonian Romanesque Courthouses: Nanaimo and Rossland”, 75 Advocate (2017)
  • Author “Hong Yen Chang: Bar Admission 125 Years Late”, 75 Advocate 683 (September 2017)
  • Presenter, WCCAS annual Energy, Mining and Resources Arbitration Conference (May 9, 2017)
  • Co-Presenter, CLE Real Property Assessment and Taxation Conference (May 5, 2017)
  • Co-Author, “Legal Anecdotes and Miscellanea”, 75 Advocate 459 (May 2017) (re B.C. Legislative Library)
  • Chair, CLE Conference – Commercial Arbitration (April 21, 2017)
  • Author, “Legal Anecdotes and Miscellanea”, 75 Advocate 131 (January 2017) (re Nicola courthouse)
  • Presenter, WCCAS Annual General Meeting, “Legal Update” (November 19, 2016)
  • Co-Presenter, CLE Conference – BC Business Disputes, “Misrepresentation” (November 18, 2016)
  • Co-Presenter, Advocates’ Society Conference, “Arbitration Advocacy” (November 2, 2016)
  • Author, “Legal Anecdotes and Miscellanea”, 74 Advocate 773 (September 2016) (re referenda and conscription in Canada)
  • Author, “Legal Anecdotes and Miscellanea”, 74 Advocate 619 (July 2016) (re women’s right to vote)
  • Co-Presenter, 10th Annual WCCAS Energy, Mining and Resources Arbitration Conference, Panel No. 2: Legal Update (May 10, 2016)
  • Co-Presenter, Canadian Property Tax Association Seminar (May 6, 2016)
  • Co-Author, “On the Front Cover Bradford W. Morse”, 74 Advocate 335 (May 2016)
  • Author, “Legal Anecdotes and Miscellanea”, 74 Advocate 293 (March 2016) (re William Hogarth)
  • Presenter, WCCAS Annual General Meeting, “Recent Judicial Pronouncements on Arbitration” (November 21, 2015)
  • Author, “Legal Anecdotes and Miscellanea”, 73 Advocate 937 (November 2015) (re Charles Dickens and A Christmas Carol)
  • Co-Presenter, Urban Development Institute, “Property Tax Case Law Review & Tax Strategies” (October 14, 2015)
  • Co-Presenter, Benchmark Women in Litigation Forum, “Predicting and Controlling the Cost of Litigation” (June 30, 2015)
  • Co-Presenter, Commercial Arbitration 2015: Taking Advantage of User Control Conference, “The First Key to a Successful Arbitration – An Arbitration Agreement Consistent With User Priorities: General Considerations” (June 5, 2015)
  • Co-Presenter, 9th Annual WCCAS Energy, Mining and Resources Arbitration Conference, Panel No. 6: “Hot Topics” (May 12, 2015)
  • Author, “Legal Anecdotes and Miscellanea”, 73 Advocate 457 (May 2015) (re Texas appellate bench)
  • Co-Presenter, CLE Conference – Shareholders Disputes, “ADR and Shareholders Disputes” (April 22, 2015)
  • Presenter, Federated Press Mini LLP for Aboriginal Leadership Course, “Shareholder and Member Rights in Aboriginal Corporations and Societies” (March 11, 2015)
  • Author, “Fernie’s Fabulous Courthouse”, 73 Advocate 205 (March 2015)
  • Author, “On Cannabis Day” portion of “Entre Nous”, 73 Advocate 173 (March 2015)
  • Author, “Legal Anecdotes and Miscellanea”, 73 Advocate 137 (January 2015) (re Hansard)
  • Presenter, CLE Conference – Defamation and Media Law, “Pleadings, Peculiarities and Particulars in a Defamation Action” (November 21, 2014)
  • Author, “Legal Anecdotes and Miscellanea”, 72 Advocate 933 (November 2014) (re Esther Hobart Morris)
  • Author, “Legal Anecdotes and Miscellanea”, 72 Advocate 453 (May 2014) (re Margaret Brent)
  • Co-author, “More Than Tax: The Use of Notices of Assessment”, Canadian Property Tax Association Communication Update, Volume No. 34, Issue May/June 2014 at pp. 3-4
  • Co-author, “Roundtable Discussion on Arbitration Rules”, Canadian Arbitration and Mediation Journal, Vol. 23, No. 1, Spring/Summer 2014 at pp. 24-33
  • Co-presenter, “Limitation Periods Under the Family Law Act and the New Limitation Act”, Trial Lawyers Association of British Columbia Conference – The Family Law Act: The Times Are Still A’Changing (May 9, 2014)
  • Co-presenter, National CBA Panel “Summary Judgment Post-Hryniak: The Supreme Court of Canada’s ‘Cultural Shift’ in Civil Justice” (February 19, 2014)
  • Co-presenter, “Exemptions”, CLE Conference – Real Property Assessment and Taxation (November 7, 2013)
  • Co-presenter, “Renewing the Pillars of Domestic Arbitration-New Canadian Arbitration Laws and New ADRIC Rules”, ADR Institute of Canada National Conference and ICC Canada International Arbitration Conference (October 24-25, 2013, Toronto)
  • Presenter, Vancouver Association of Law Libraries – “The New BC Limitation Act” (October 10, 2013)
  • Presenter, “Can You Still Sue? BC’s New Limitation Act”, CLE Conference – A Litigator’s Arsenal (September 26, 2013)
  • Author, “Costs Awards at the BC Property Assessment Appeal Board”, Canadian Property Tax Association Communication Update, Volume No. 33, Issue May/June 2013 at pp. 6-7
  • Presenter and author, “Resolving Post-Closing Disputes – The Arbitration Route”, CLE Conference – Legal Strategies for Private Business Acquisitions (June 5, 2013)
  • Co-presenter, “Introduction to the New BC Limitation Act”, CLE Conference – New BC Limitation Act (May 6, 2013)
  • Co-presenter, “BC’s New Limitation Act”, CBA Corporate Counsel Section Meeting (February 4, 2013)
  • Co-presenter, “BC’s New Limitation Act”, CBA Real Property Section Meeting (January 16, 2013)
  • Co-presenter, “BC’s New Limitation Act”, CBA Civil Litigation Section Meeting (December 4, 2012)
  • Co-presenter, “Practice Tips for the New BC Limitation Act”, CBA Webinar (August 21, 2012)
  • Co-presenter, “Limitation Act (Bill 34)”, CBA Webinar (June 19, 2012)
  • Author, “Amendment to First Nations Tax Exemption”, Canadian Property Tax Association Communication Update, Volume No. 32, Issue May/June 2012 at pp. 5-6
  • Author, “United Nations Convention On Contracts For the International Sale of Goods”, Annual Review of Civil Litigation 2012
  • Presenter, “Polygamy Constitutional Reference in BC”, 2012 Joining Together Conference: Taking Action Against Child Abuse (May 6-9, 2012)
  • Co-chair and presenter, CLE Conference – Commercial Arbitration (March 1, 2012)
  • Presenter, Panel on Drafting Commercial Arbitration Agreements, ADRIC 2011 Conference – Peak Performance in ADR (October 27-28, 2011)
  • Presenter and author, “Misrepresentation”, CLE Conference – Business Disputes (October 7, 2011)
  • Author, “Written Hearings Before BC’s Property Assessment Appeal Board”, Canadian Property Tax Association Communication Update, Volume No. 31, Issue January/February 2011 at pp. 4-5
  • Interview: Noa Glouberman, “The right side of the law: Lawyers, paralegals, legal administrative assistants in demand in 2011”, Employment Paper April 23/10
  • Presenter, “Litigation Preparedness”, Canadian Corporate Counsel Association Fall Training Camp (November 8, 2010)
  • Author, “Property Tax Exemptions: Non-Profit Housing Societies”, Canadian Property Tax Association Communication Update, Volume No. 30, Issue May/June 2010 at pp. 4-5
  • Co-author, “Pleadings Under the New Rules”, CLE Conference – The New Civil Rules for Legal Support Staff (May 7, 2010)
  • Co-author, “Mixed Success on Challenges to Municipal Property Tax Rate Bylaws”, Canadian Property Tax Association Communication Update, Volume No. 30, Issue January/February 2010 at pp. 3-4
  • Author, “Evolving Court Rules on Expert Evidence”, Canadian Property Valuation, Vol. 54, Book 1, January 2010
  • Author, “Appeal Court Puts a New Spin on Costs for Arbitration”, The Lawyers Weekly, Vol. 29, No. 37 (February 12, 2010)
  • Author, “Security for Costs in Arbitration: playing hard to get”, The Lawyers Weekly, Vol. 29, No. 2 (May 15, 2009)
  • Author, “Arbitration (Domestic Commercial)”, Lexpert CCCA Corporate Counsel Directory (May 2008)
  • Author, “Uncertainty surrounds awards for costs in arbitration proceedings”, The Lawyers Weekly, Vol. 27, No. 44 (March 28, 2008)
  • Co-author, “Arbitration (Domestic Commercial)”, Lexpert CCCA Corporate Counsel Directory (May 28, 2007)
  • Presenter and author, “Judicial Deference to Arbitral Jurisdiction: Applications for Stays of Proceedings and Dell Computer Corp. v. Union des Consommateurs”, The Advocates Club (September 17, 2007)
  • Presenter and co-author, “A Good Offence: Pleadings and Preliminary Motions”, CLE Conference – A Litigator’s Arsenal 2007 (June 8, 2007)
  • Presenter and co-author, “Breach of Fiduciary Duty”, CLE Conference – Torts 2007 (May 17, 2007)
  • Co-author, “Anti-Suit Injunctions are Garnering Interest”, The Lawyers Weekly (March 30, 2007)
  • Author, “In-House Counsel and Attorney-Client Privilege”, Lex Mundi Publication (2007)
  • Presenter and author, “Effective Legal Research”, CLE Conference – Personal Injury for Legal Support Staff (December 2006)
  • Presenter, “Research Considerations Relating to Commercial Arbitration”, CBA Legal Research and Writing Subsection (April 2006)
  • Presenter and author, “Commercial Litigation: Effective Legal Research and Writing”, Insight Information Paralegal Forum (April 6-7, 2006)
  • Presenter and author, “Sealing Orders in Civil Proceedings”, The Advocates Club (February 21, 2005)
  • Co-author, “Rule 18A Applications: Suggestions for Effective Use”, CLE Conference – Civil Litigation (October 2004)
  • Co-author, “Perceived Conflicts Between Social Values and Charter-Protected Rights” (May 2002)
  • Co-author, “Limitation of Actions in Tort” (2002) 60 Advocate 535
  • Co-author, “Torts Update: Limitation of Actions”, CLE Conference – Torts (April 2001)
  • Co-author, “Evidentiary Issues in the Law of Contract”, CLE Conference (November 2000)
  • Co-author, “Jurisdictional and Inter-Jurisdictional Issues”, CLE Conference (April 2000)