Anthony Burden is the practice group leader for the Dispute Resolution Group in Calgary with a focus in the areas of construction, general litigation and insurance. Anthony’s clients are diverse and represent multiple industry sectors, and range in size from individuals to multinational organizations.
Anthony’s practice focuses on construction claims, in particular construction liens, Public Works Act claims, and surety claims with respect to performance bonds and labour and material payment bonds. He regularly acts for all levels of parties within the contractual chain: owners, general contractors, subcontractors, suppliers and consultants. He also has extensive experience in the drafting and reviewing of construction contracts, including custom contracts, subcontracts and supplemental conditions to standard form contracts tailored to particular clients and projects. Although he is based in Calgary, Anthony’s clients are located throughout Alberta, and often have operations throughout Canada and beyond.
Anthony also has extensive experience defending Alberta municipalities in a range of litigation including injury claims, construction and building code issues, and development claims.
Anthony has appeared on behalf of clients at all levels of court in Alberta. His approach to providing legal services sees him delivering efficient 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. Anthony is the sole author of The Canadian Treatment of Construction and Builders’ Liens on Crown Lands, the only text which provides an overview of every Canadian province and territory’s approach to construction liens on land owned by the Crown.
Value to Clients
“My goal is to provide my clients with the best possible outcome as quickly and efficiently as reasonably possible. Sometimes this requires litigation or arbitration, but often effective negotiations and frank correspondence is the best way to achieve resolution. 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.”
Outside the Office
When Anthony is not at the office, he can be found spending time with his two young children and large Inuit husky. An avid athlete, Anthony is also a competitive powerlifter and has taken his passion for the sport to a number of world championships and other national and international competitions. He has continued competing throughout his legal career despite a number of injuries. Anthony also uses his free time to give back to the community and to the legal profession with a number of volunteer roles.
Advocates Society
Member of Construction Law Practice Group
2024 - Present
Society of Construction Law North America
Regional Director
2022 - Present
Canadian Bar Association - National Construction and Infrastructure Law Section
Member of Executive
2022 - Present
Society of Construction Law North America
2019 - Present
Surety Association of Canada
2019 - Present
Advocates Society
2019 - Present
Canadian Bar Association
2013 - Present
Law Society of Alberta
2013 - Present
Construction Law
The Best Lawyers™ in Canada
2025
Class of 2023
On-Site and SitePartners’ 40 Under 40 in Canadian Construction
Calgary Construction Association
Member of Board of Directors
2019 - Present
Court of Queen's Bench Amicus Program
Volunteer
2015 - Present
Alberta Powerlifting Union
Referee
2012 - Present
University of Alberta Powerlifting Association
Vice President
2010 - 2013
Construction Litigation
Custom Electric Ltd. v Stuart Olson Construction Ltd., 2024 ABKB
- Scale of costs awarded to successful construction lien claimants.
Nandi v Wolf Custom Homes Ltd., 2023 ABKB
- Attempt to add a third party defendant outside the time limit in the Rules of Court
ProPainting Solutions Inc. v Datta, 2023 ABCJ 101
- Summary dismissal of subcontractor claim, principles of unjust enrichment
Sunbelt Rentals of Canada Inc. v 1712775 Alberta Ltd. Operating as HD Construction, 2023 ABKB
- Payment from the lien fund, impact of certificate of substantial performance on lien fund calculation
Miclex Construction Inc v North Central Co-Operative Association Ltd, 2023 ABKB 46
- Summary judgment on lien claims, deference owed to consultant findings
CCS Contracting Ltd v Condominium Corporation No 1520090, 2023 ABKB 147
- Application of pending registration queue to deadline for certificate of lis pendens registration
Datta v. Contempa Carpet Co., 2022 CarswellAlta 3819 (ABQB)
- Application of pending registration queue to deadline for certificate of lis pendens registration
Factors Western Inc v DCR Inc, 2021 ABCA 433
- Setting the major lien fund, whether a factored account forms part of the major lien fund
Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287
- Limitation period for a third party claim against a mechanical contractor
Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292
- Whether municipal reserve lands in Alberta are subject to the Builders’ Lien Act
Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73
- Proper scope of questioning on Affidavit
General/Commercial Litigation
QAi Quality Assurance Inc v Tumblin Consulting Ltd, 2023 ABKB 251
- Valuation of a shareholder interest in a shareholder dispute
Malmberg v Boyd , 2020 ABQB 80
- Whether an assignment of rents runs with the lands to bind subsequent landowners
Malmberg v Boyd , 2020 ABQB 326
- Costs payable to a substantially successful party in litigation
Steer v. Chicago Title Insurance Company, 2019 ABQB 670
- Whether litigation is “public interest” litigation for costs purposes
Steer v Chicago Title Insurance Company, 2019 ABQB 318
- Coverage under a title insurance policy
Carvalho v Associated Chinook Cab Ltd., 2019 ABPC
- Res Judicata of a claim for property damage
Steer v Chicago Title Insurance Company, 2018 ABQB 28
- Coverage under a title insurance policy
Meghji v Ippolito, 2017 ABPC 7
- Enforcement of a settlement agreement
Municipality Defence
Gradziel v Town of Coalhurst, 2020 ABQB
- Summary dismissal of a claim against a municipality for development and building permits
Nelson v Grande Prairie (City), 2019 ABQB 897
- Summary dismissal of a slip and fall claim against a municipality
Nelson v. City of Grande Prairie, 2018 ABQB 537
- Summary dismissal of a slip and fall claim against a municipality
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.