Toivanen v. Electronic Arts (Canada) Inc. (No. 2 ... - Canada.com

We are currently evaluating our position and will be in touch with you in
the near future. [reproduced as written]
[34] Ms. Toivanen did not recall receiving the letter at the time. She said she was in
pretty bad shape. However, she did advise her first lawyer at some time that she had
received it on September 12, 2002.
Post September 4, 2002
[35] On September 5, 2002, Ms. Toivanen saw Dr. Woodfield who started her on
medication. Dr. Woodfield also completed a doctor’s note indicating that Ms. Toivanen
was presently unable to work. Ms. Toivanen was unsure if she sent it to EA.
[36] Ms. York was puzzled by the Alberta address on Dr. Rode’s September 3 rd letter,
so she attempted to contact him. She left a message with his receptionist, but did not
receive a return phone call. Instead, Dr. Rode wrote on October 11, 2002 and advised the
following:
The patient arrived here some 24 hours after requesting her leave of
absence. Additional consultations are booked.
Should you wish to be in contact with the patient please forward
correspondence to our office. [reproduced as written]
A. The Termination Package
[37] Ms. York attempted to send Ms. Toivanen a termination package to her
Vancouver address by courier, but it was returned as undeliverable. The package was the
same as the one prepared on September 3, except re-dated October 10, 2002. Before
finalizing the re-dated package, Ms. York awaited the outcome of discussions Ms. Chong
was having with their insurance carrier. EA does not have a short-term disability plan,
but it does have a long-term disability plan. Ms. Chong wanted to ensure that if EA
terminated Ms. Toivanen, she would still have access to the plan. The negotiation of
terms to ensure Ms. Toivanen would be covered by the insurance plan was concluded on
October 8, 2002. The terms continued coverage for Ms. Toivanen to the end of the
waiting/qualifying period for long-term disability benefits.
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