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

The Surrey Board of Trade is calling on the provincial government to implement a temporary paid sick-leave program. (Unsplash.com photo by Kelly Sikkema)
Surrey Board of Trade calls for temporary paid sick-leave program

Reccomendations sent to provincial labour minister, news release notes

North Surrey Sport and Ice Complex. (Photo: larkgroup.com)
North Surrey Sport & Ice Complex earns B.C. facility excellence award

Award is among four presented by BC Recreation and Parks Association

Surrey RCMP officers on scene of a vehicle fire, which is believed to be an arson, in the area of Currie Drive and Grosvenor Road Wednesday afternoon (May 5, 2021). (Photo: Shane MacKichan)
Whalley vehicle fire ‘believed to be an arson’: Surrey RCMP

Police say ‘at this point’ it doesn’t seem to be tied to ongoing violence in the Lower Mainland

Low tide offered plenty of space for people to relax on White Rock's beach Sunday afternoon. (Aaron Hinks photo)
City of White Rock asking outside visitors to stay away

South Surrey residents encouraged to visit, while others urged to stick close to home

Surrey Central SkyTrain Station. (Photo: Tom Zytaruk)
Suspect accused of ‘abhorrent’ assaults at Surrey SkyTrain stations

Transit Police say assaults were on April 9, 14 and 17

Jose Marchand prepares Pfizer COVID-19 vaccination doses at a mobile clinic for members of First Nations and their partners, in Montreal, Friday, April 30, 2021. The National Advisory Committee on Immunization is coming under fire after contradicting the advice Canadians have been receiving for weeks to take the first vaccine against COVID-19 that they’re offered. THE CANADIAN PRESS/Ryan Remiorz
Trudeau says he is glad he got AstraZeneca, vaccines are only way out of pandemic

‘The most important thing is to get vaccinated with the first vaccine offered to you’

B.C.’s provincial health officer, Dr. Bonnie Henry. THE CANADIAN PRESS/Jonathan Hayward
Dip in COVID-19 cases with 572 newly announced in B.C.

No new deaths have been reported but hospitalized patients are up to 481, with 161 being treated in intensive care

Ripy Jubbal of Abbotsford has received a 30-month jail sentence for the fraudulent use of credit cards and credit card data. (Facebook photo)
Abbotsford woman sentenced for $80K in fraudulent credit card purchases

Ripy Jubbal and spouse used identities of 19 different victims, court hears

Solar panels on a parking garage at the University of B.C. will be used to separate water into oxygen and hydrogen, the latter captured to supply a vehicle filling station. (UBC video)
UBC parkade project to use solar energy for hydrogen vehicles

Demonstration project gets $5.6M in low-carbon fuel credits

FILE – A student arrives at school as teachers dressed in red participate in a solidarity march to raise awareness about cases of COVID-19 at Ecole Woodward Hill Elementary School, in Surrey, B.C., on Tuesday, February 23, 2021. THE CANADIAN PRESS/Darryl Dyck
B.C. ‘should be able to’ offer 1st dose of COVID vaccine to kids 12+ by end of June: Henry

Health Canada authorized the vaccine for younger teens this morning

A woman in the Harrison Mills area was attacked by a cougar on Tuesday, May 4. B.C. Conservation Officers killed two male cougars in the area; the attack was determined to be predatory in nature. (File photo)
2 cougars killed following attack on woman in Agassiz area

Attack victim remains in hospital in stable condition

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
B.C. CDC updates info, acknowledging small respiratory droplets can spread COVID-19

Large droplets, not aerosols had been fixture of public health messaging for many months

A picture of Shirley Ann Soosay was rendered from a postmortem photographer and circulated on social media. (DDP graphic)
B.C. genealogist key to naming murder victim in decades-old California cold case

In July 1980, Shirley Ann Soosay was raped and stabbed to death

Most Read