More than $1 million in damages awarded to Calgary physiotherapist by tribunal
On Feb. 18, 2026, the Human Rights Tribunal of Alberta released its decision in Volpi v Lifemark Health Corp, a case that provides important clarification regarding an employer’s duty to inquire and accommodate employees with mental disabilities.
Most notably, the Tribunal confirmed that where objective indicators suggest a resignation may be connected to a disability, an employer must pause and make reasonable inquiries before accepting the resignation at face value.
On June 17, 2026, the Tribunal issued its decision on remedy, ordering the employer to pay more than $1 million in damages.
David Volpi provided services as a physiotherapist for Lifemark Health Corp. at its Village Square Sport Physiotherapy clinic in Calgary, for roughly 16 years. He had diagnosed mental disabilities, including Bipolar II Disorder.
In or around 2008–2009, Volpi experienced a significant mental health episode that resulted in his hospitalization. At that time, he disclosed his mental health condition to the clinic director, and an informal arrangement was established whereby he could request and take time off when his mental health was deteriorating, which allowed him to successfully continue working for several years.
In 2015, a new clinic director assumed responsibility for the clinic and began addressing a number of issues involving Volpi, including insurance company complaints, patient...
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