Ludmila Herbst, KC

Ludmila is an experienced litigator. For more than 25 years, she has acted for clients in corporate, commercial, regulatory and public law matters including shareholder and other corporate disputes, contractual issues, class actions, real property (including property tax) and energy regulation. She has repeatedly been recognized as a leading litigator in Canada by publications including Benchmark, Chambers Canada, Best Lawyers and Lexpert; she was appointed as Queen’s Counsel (now King’s Counsel) in 2015; she is a fellow of the American College of Trial Lawyers; and she is a senior fellow of the Litigation Counsel of America.

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. In addition, she often argues cases before arbitrators and administrative tribunals, including the British Columbia Utilities Commission, the Property Assessment Appeal Board, and the Cullen Commission of Inquiry into Money Laundering in British Columbia. She also sits as an arbitrator.

Ludmila frequently chairs and presents at continuing professional development conferences and publishes on issues pertaining to her practice. 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 many times 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.

• Huntly Investments Limited v. Casa Margarita Enterprises Ltd., 2024 BCCA 31, leave dismissed 2024 CanLII 88321 (SCC) – appeal related to use and scope of oppression remedy.

• Rorison v. Insurance Corporation of British Columbia, 2025 BCSC 1597 – representing Province of British Columbia in determining the scope of a class proceeding.

• Frequently advises on arbitration clauses and acts as arbitration counsel and arbitrator.

• Musqueam Indian Band v. Musqueam Indian Band (Board of Review), 2016 SCC 36 – defence of property assessment for Shaughnessy Golf and Country Club against challenge from Musqueam Indian Band.

• British Columbia Old Age Pensioners’ Organization v. British Columbia Utilities Commission, 2017 BCCA 400 – whether BC Utilities Commission may require low income rates.

• Arbitration
• Commercial

• Government and public policy
• Oil and gas
• Utilities

• LL.B., University of British Columbia, 1998
• M.A. Pol. Sci., University of British Columbia, 1995
• B.A. Pol. Sci., University of British Columbia, 1994

• Fellow, American College of Trial Lawyers
• Senior Fellow, Litigation Counsel of America