Anthony Burden
Anthony Burden
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Based in Field Law’s Calgary office, Anthony Burden is a lawyer focusing in the areas of insurance, construction and general litigation. Anthony’s clients are diverse and represent multiple industry sectors, and range in size from individuals to multinational organizations.

When working with construction companies, Anthony has experience dealing with complex operational structures involving corporate entities based outside of the province and/or country. Although he is based in Calgary, Anthony’s clients are located throughout Alberta, and often have operations throughout Canada – and beyond. Anthony’s counsel has assisted clients in a variety of situations, including defending against negligence claims and at the outset of contentious pre-trial negotiations. 

Anthony has appeared on behalf of clients at the Provincial Court of Alberta and the Alberta Court of Queen’s Bench. Anthony’s approach to providing legal services sees him delivering efficient, considered counsel while also maintaining a focus on avoiding unnecessary, costly litigation. With this approach, he is able to come to a resolution quickly and fairly, while still preserving amicable relations with all sides.

Value to Clients

“I am eager to do a good job for my client. My style of doing business is efficient, honest and forthright, and I believe that being up front with both clients and opposing counsel is the quickest route to an amicable resolution for all sides. By being approachable, knowledgeable and dependable, I deliver business-focused solutions to clients while still retaining a personal touch.”

Outside the Office

When Anthony isn’t at the office he can be found spending time with friends and family, and enjoying all that his home city has to offer. An avid athlete, Anthony is also a competitive power lifter and has taken his passion for the sport to a number of world championships. Anthony also uses his free time to give back to the community, and uses his athleticism and sports knowledge as a referee and coach for multiple sports. 

Canadian Bar Association
2013 - Present
Law Society of Alberta
2013 - Present
Society of Construction Lawyers - North America
2019 - Present
Surety Association of Canada
2019 - Present
Advocates Society
2019 - Present
Calgary Construction Association
Member of Board of Directors
2019 - Present
Alberta Powerlifting Union
Referee
2012 - Present
University of Alberta Powerlifting Association
Vice President
2010 - 2013
Court of Queen's Bench Amicus Program
Volunteer
2015 - Present
Malmberg v Boyd , 2020 ABQB 326
Gradziel v Town of Coalhurst, 2020 ABQB
Malmberg v Boyd , 2020 ABQB 80
Nelson v Grande Prairie (City), 2019 ABQB 897
Steer v. Chicago Title Insurance Company, 2019 ABQB 670
Steer v Chicago Title Insurance Company, 2019 ABQB 318
Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287
Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292
Carvalho v Associated Chinook Cab Ltd., 2019 ABPC
Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73
Nelson v. City of Grande Prairie, 2018 ABQB 537
Steer v Chicago Title Insurance Company, 2018 ABQB 28
Meghji v Ippolito, 2017 ABPC 7
October 2020 - 3 min read
Prompt Payment in Alberta: One Big Step Closer
On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...
May 2020
Expiration of Limitation Period not a Defence for Surety Under Bond Claim
The Lawyer's Daily
January 2020
Who You Gonna Call (As a Witness)?
Field Law Blog
October 2019
Think Leaving Equipment On Site Extends Your Lien Period? Think Again.
Field Law Blog
September 2019
Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim
Field Law Blog
July 2019
Fairness is in the Eye of the Beholder in the Tender Process
Field Law Blog
May 2019
What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened
Builders’ liens are a useful tool for unpaid contractors and subcontractors on a construction project. They provide a right to make a claim and register an instrument against title to a parcel of land, with the ultimate remedy being a sale of tho...
July 2017
Mistakes and Builders’ Liens: Fixable or Fatal?
Builders’ liens are a great tool for the unpaid contractor, subcontractor and supplier. It gives you leverage over a project, even if you’re only owed a small amount. But the simple one-page form is much more complicated than it appears, an...
January 19, 2015
Anthony Burden Joins Field Law as Insurance and General Litigation Associate
Field Law is pleased to welcome Anthony Burden as an associate in the Insurance and General Litigation Groups effective January 19, 2015.Anthony accumulated a broad range of legal experience throughout his apprenticeship at a mid-size Edmonton firm. Fo...

Builder's Lien Precedent

Our client was the general contractor for two school construction projects in Alberta. Several builders’ liens were registered by various sub-contractors, creating additional expense for our client. The schools in question were designated as “municipal reserve” lands, which impacts what use can be made of the lands on sale.

Previous case law indicated that such lands could not be subject to forced sale and therefore builders’ liens on those lands were unenforceable.

Anthony advised his client not to make the payments on these liens. Instead, he recommended arguing that all builders’ liens registered on both projects were invalid - setting a precedent for future work. Several liens were withdrawn by consent as a result of our approach.

During this process, three lienholders disputed our interpretation, and a contested Court application was held to determine if these liens were valid. The Court accepted our interpretation of the law and held that the builders’ liens, in this case, were invalid.

The Court decision provided certainty to our client for this project and in the future that any lands designated as “municipal reserve” cannot be validly liened.

Slip and Fall Defence

The insurer for a local municipality approached Field lawyer, Anthony Burden to aggressively defend a negligence claim and contest liability.

Within two weeks of having the file Anthony successfully opposed a previously scheduled Application, and took steps to apply for summary dismissal of the claim. By applying for summary dismissal as soon as possible and questioning the Plaintiff on undertakings, Anthony was able to obtain helpful evidence on quantum moving forward. The co-plaintiff abandoned its claim prior to the Application. The Application for summary dismissal was initially dismissed, with leave granted to re-apply with fuller evidence. On the second Application, the claim was summarily dismissed in its entirety.

Anthony helped his client gain a better idea of the strength of both parties’ evidence, providing the knowledge needed to confidently defend the claim.

Education
Osgoode Hall Law School, 2016, Certificate in Construction Law
University of Alberta, 2013, Juris Doctor
University of Alberta, 2010, Bachelor of Arts, Mathematics, With Distinction
Admissions
Alberta,2014