The duty to inquire kicks in even when an employee doesn't ask
An Alberta human rights tribunal has ruled that accepting an employee's resignation, without asking whether mental illness played a role, can itself constitute discrimination. In a February 18, 2026, decision, Member of the Commission Dana L. Christianson found that Lifemark Health Corp. discriminated against physiotherapist David Volpi by delaying his mental health leave and accepting his resignation without any inquiry into his mental state.
The complaint was upheld only in part, however. Volpi's allegations of harassment, improper diversion of patients, and a toxic work environment were all dismissed. The Tribunal found the evidence did not establish an objective adverse impact with respect to those allegations.
David Volpi had worked at Lifemark's Village Square Sport Physiotherapy clinic in Calgary for approximately 16 years before his sudden departure on September 30, 2016. Diagnosed with Bipolar II Disorder and in a deteriorating mental state, he typed a hasty two-line resignation letter, containing a spelling error, and handed it to his clinic director.
Expert and medical evidence confirmed Volpi was in a hypomanic state, a recognized symptom of his Bipolar II Disorder, when he resigned. As his treating psychiatrist Dr. J. Kent Sargeant later wrote, "it seems clear that his psychological symptoms at the time did play a role in the timing of events."
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