B.C. Supreme Court in Vancouver. (File photo: Tom Zytaruk)

B.C. Supreme Court in Vancouver. (File photo: Tom Zytaruk)

Surrey hatchet attack victim wins court case against B.C. government

Michael Levy was left quadriplegic at age 18 after being attacked with a hatchet at a Halloween dance at Tynehead Hall in 2006

A Surrey man left quadriplegic at age 18 after being attacked with a hatchet at a Halloween dance at Tynehead Hall in 2006 has won his case in court against the provincial government for breach of contract concerning his care.

Levy sued his attackers and others whose negligence, he claimed, contributed to his injuries and settled with the defendants in 2009 for $2.1 million. In 2018 the court gave Levy the green light to pursue a lawsuit against the Crime Victim Assistance Program, which has supported him since 2006.

Levy sued the CVAP for breach of the settlement agreement, claiming it refused to pay for the care to which he’s entitled to under the Crime Victim Assistance Act. After the province unsuccessfully appealed to B.C. Supreme Court to have the lawsuit stopped, before Justice Christopher Grauer, it took the matter to the court of appeal.

In this latest round in B.C. Supreme Court in Vancouver, conducted over the telephone in November with Justice Elaine Adair presiding, the province claimed it has no liability to Levy and denied the director of the program was party to the contract Levy’s counsel argued had been breached.

Levy’s counsel argued that the defendants in the settlement will pay CVAP $312,000 for money spent on Levy’s care and that the CVAP agreed to fund his care “without seeking repayment over and above that figure that was paid for support to the date of the settlement in 2009,” the judge noted.

“The Province argues that the plaintiff has sought to justify his conduct based on legal advice he received, and therefore implicitly waived privilege. I do not agree,” Adair stated in her reasons for judgment.

Surrey teenager Enrique Quintana was sentenced to 10 years in prison in 2008 for attacking Levy with a hatchet, severing his spinal cord and rendering him quadriplegic for life. Quintana was found guilty of aggravated assault for the unprovoked attack. Counting time served, he spent eight years and three months in jail. He was 17 when he chopped Levy three times with a hatchet at the dance, for no apparent reason.

READ ALSO: Surrey hatchet attack victim can pursue lawsuit, appeal court decides

Quintana, 17 at the time of the attack, faced a maximum of two years in jail had he been sentenced as a youth. But Surrey provincial court Judge Kenneth Ball instead delivered an adult sentence – and one stiffer than the five-to-six year prison term the Crown prosecutor had argued for – considering the “horrendous” nature of the assault.

After chopping him three times with the hatchet, Quintana kicked the already paralyzed Levy when he was down on the floor, much of it stained with his blood.

Quintana and two other youths attacked the young man for no good reason while he was dancing at the party. They didn’t even know Levy, who had been planning to enroll in the armed forces. Tuan Minh Nguyen and Robert Alexander Green were sentenced to 20 months house arrest and two years less a day, respectively, but after Nguyen’s sentence was appealed by the Crown the appeal court ordered him to serve 514 days in an open custody youth facility.

Levy’s case against the Director of Crime Victim Assistance Program and the provincial government was heard by B.C.’s Court of Appeal in Vancouver in 2018. In those proceedings, Justice John Savage noted that the provincial government’s argument was that Levy was “attempting to use artful pleadings as a thin pretence to establish a private wrong in order to launch a collateral attack on administrative decisions, and therefore his claim should be struck as an abuse of process.”

But Savage, stating he was “not persuaded that there was any error of law made by the judge,” dismissed the government’s appeal and found “there is at least an arguable case that Mr. Levy’s civil action is with merit.

Justices Peter Willcock and John Hunter concurred with Savage’s finding.



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

CourtSurrey

Just Posted

The Kootenay International Junior Hockey League met for their AGM and announced a number of new initiatives, new awards and changes in their executive committee, as well as the starting date for the 2021-22 season. Paul Rodgers file.
KIJHL announces start dates for 2021-22 season

Season set to begin Oct. 1 with league still following all health guidelines

Calvin Dickson photo.
Severe thunderstorm watch in effect for East Kootenay

Conditions favourable for the development of thunderstorms, hail and heavy rain

The Independent Investigations Office of BC is looking into a Castlegar incident. File photo
Police watchdog investigating Castlegar incident

IIO: Woman sustained a reportedly self-inflicted injury

After being forced to cancel in 2020 due to the pandemic, the Wasa Triathlon is being organized for August. Bulletin file photo.
Information released for Gerick Sports Wasa Triathlon scheduled for August

In 2020 the COVID pandemic forced the Gerick Sports Wasa Triathlon to… Continue reading

The latest EKASS survey confirms a steady decline in substance use among EK youth over the years. (image compilation via Pixabay)
Latest survey shows steady decline in adolescent substance use over the years

Starting in 2002, the survey has been conducted every two years to monitor changes in substance use patterns, attitudes and behaviors amongst East Kootenay youth.

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

B.C. ambulance station in Revelstoke is expected to get a new system called the Scheduled On-Call (SOC) this fall. (Liam Harrap - Revelstoke Review)
B.C. ambulance changes could put Revelstoke residents at risk, warn local paramedics

Paramedics said to expect a substantial increase in ambulance response time starting this fall

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

FILE – Provincial health officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. watching U.K.’s COVID struggles but don’t think province will see similar pitfalls

Studies show that one dose of vaccine is only 33 per cent effective in preventing B.1.617.2 spread

RCMP Const. Shelby Patton is shown in this undated handout photo. RCMP say that Patton was hit by an allegedly stolen truck that he had pulled over on Saturday morning in Wolseley, east of Regina. THE CANADIAN PRESS/HO, RCMP
Pair charged in Saskatchewan Mountie’s death make first court appearance

Const. Shelby Patton was hit by an allegedly stolen truck that he had pulled over Saturday morning

Most Read