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

[17] Ms. Toivanen is originally from Alberta, and has kept Dr. M. C. Rode as her
family physician, even though he is located in Edmonton. Ms. Toivanen also sees a Dr.
W. Woodfield in Vancouver.
[18] Ms. Toivanen began complaining of her heavy workload to Dr. Rode in
September 2001. His chart notes indicate that she had to get her exercise routine back on
track as she required balance in her life. Dr. Rode also noted that it was apparent that she
was stressed and had significant depressive features; however, Ms. Toivanen did not want
to take any medication that would impair her ability to function at work.
[19] Dr. Rode’s chart notes from December 20, 2001 indicate that Ms. Toivanen was
complaining of headaches, shortness of breath, insomnia, and the heavy workload and
stress at work. She relayed an incident in November where EA’s security guard had to
take her to Burnaby Hospital emergency because of a sudden sharp headache.
[20] Dr. Rode took several phone calls from Ms. Toivanen starting on February 2,
2002, where she explained that she was covering two jobs. His chart notes indicate that
he doubted that she could continue at that pace without creating a negative impact on her
ability to function at work, which would further complicate her situation. He concluded
that she was deteriorating.
[21] Ms. Toivanen saw Dr. Rode on August 4, 2002. His chart notes reflect that she
had serious work-related problems; headaches, with increasing severity over the past two
months; and, increasing insomnia. He noted that there was progressive deterioration with
increasing depression and anxiety, and that the “Pt has feelings of inadequacy, guilt,
worthlessness, appetite is variable although generally decreased, wt loss is
evident…Affect is flat, pt speaks in a monotone, is generally expressionless,
psychomotor retardation is evident.” Dr. Rode advised Ms. Toivanen to immediately
book off work; however, she refused, saying that she just could not book off work as the
schedule was very tight and deadlines needed to be met. He told her that to continue in
this fashion was a “sure formula for disaster” and that she should see a
psychiatrist/psychologist for regular counselling. Dr. Rode stressed that to continue
working in her present state could well result in a “psychotic break”. Ms. Toivanen’s
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