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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A sign indicating a COVID-19 testing site is displayed inside a parking garage in West Nyack, N.Y., Monday, Nov. 30, 2020. The site was only open to students and staff of Rockland County schools in an effort to test enough people to keep the schools open for in-person learning. (AP Photo/Seth Wenig)
4 more deaths, 54 new cases of COVID-19 in Interior Health

This brings the total to 66 deaths in the region

A CP grain car has derailed near Field, causing a power outage. THE CANADIAN PRESS/Darryl Dyck
Train derailment knocks out power in Field

Power is not expected to be restored until tomorrow

(Pixabay)
‘Roadmap out of COVID-19’: Innovate BC’s program helping businesses recover

CEO Raghwa Gopal said the tech sector is here to help brick and mortar businesses

Castlegar Sculpturewalk 2020 – 10 Year Anniversary Sand Sculpture. (Submitted/CBT)
CBT arts and culture grant program now accepting applications

Apply through the Kootenay Columbia Cultural Alliance

Toronto Public Health nurse Lalaine Agarin makes preparations at Toronto’s mass vaccination clinic, Jan. 17, 2021. THE CANADIAN PRESS/Frank Gunn
3 deaths, 234 new cases of COVID-19 in Interior Health over the weekend

One death connected to outbreak at Kamloops’ Royal Inland Hospital, where 20 patients and 28 staff have tested positive

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

Ponderosa Primary Care Centre in Penticton is considered a model for care clinics going forward by the South Okanagan Division of Family Practice. (Monique Tamminga)
Primary Care Clinic funding could be a cure for South Okanagan Similkameen doctor shortage

Ponderosa Primary Care Centre in Penticton is a model for future care clinics and doctor recruitment

Vernon’s Barb and Denis Murdoch, pictured at Lake Louise in 1987, will be inducted into the builder category of the B.C. Volleyball Hall of Fame, Class of 2021, on Feb. 15. (Murdoch family photo)
North Okanagan volleyball couple earn Hall of Fame call

Denis and Barb Murdoch will be inducted into B.C. Volleyball Hall of Fame in builder category

Eagle River Secondary Grade 9 student Cody Hutchinson spearheaded the Digital Detox Challenge in which participants will give up their cell phones during school days for two weeks straight. (Contributed)
Sicamous student challenges himself, peers to go nine school days cell phone free

Cody Hutchinson hopes Digital Detox Challenge will give students opportunity to reconnect

This 2020 electron microscope image provided by the National Institute of Allergy and Infectious Diseases - Rocky Mountain Laboratories shows SARS-CoV-2 virus particles which cause COVID-19, isolated from a patient in the U.S., emerging from the surface of cells cultured in a lab. THE CANADIAN PRESS/AP, NIAID-RML
B.C. ramping up screening for faster-spreading COVID-19 ‘variants of concern’

B.C. has sequenced about 11,000 COVID-positive samples since last February

Vernon Fire Rescue Services responded to reports of a structure fire on Valleyview Place Jan. 26, 2021. (Brendan Shykora - Vernon Morning Star)
Fire snuffed in Vernon home

No visible smoke, flames from area of reported structure fire

A Cessna 170 airplane similar to the one pictured above is reported to be missing off the waters between Victoria and Washington State. Twitter photo/USCG
Canadian, American rescue crews searching for missing aircraft in waters near Victoria

The search is centered around the waters northeast of Port Angeles

Kevin Lee Barrett pleaded guilty to the aggravated assault of his mother Eleanor Holmes on Tuesday, Jan. 26. (File)
West Kelowna man who beat his mom could be sentenced up to 9 years

Kevin Barrett entered a surprise guilty plea to the lesser charge of aggravated assault on Tuesday morning

Interior Health reported two more COVID-19 deaths at Sunnybank Retirement Center in Oliver Tuesday, Jan. 26, 2021. (File photo)
COVID-19 claims lives of two more South Okanagan care home residents

Five residents of the Oliver care home have died since the outbreak was first declared

Most Read