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

Rachna Singh, MLA for Surrey-Green Timbers, is the Parliamentary Secretary for Anti-Racism Initiatives. (Photo courtesy of flickr.com/photos/bcgovphotos)
A micro brewery is being eyed for Jordan River. However, the site where the brewery is proposed still needs to go through the rezoning process. (Black Press Media file)
Micro brewery proposed for Jordan River

Jordan River Brewing Company envisions to build wholesale, sit-in brewery along Highway 14

Traffic waits at the intersection of Highway 17 and Beacon Avenue. A study found failing levels of service at the intersection of Highway 17 and Sidney’s Beacon Avenue for multiple movements during morning peak traffic and for all left-moving traffic during afternoon peak traffic. (Wolf Depner/News Staff)
Province supports potential interim improvements to Sidney intersection

Province says interchange is the long-term plan for intersection of Beacon Avenue and Highway 17

Oak Bay local Lachlan Kratz (red, middle) has signed with pro rugby team NOLO Gold in Louisiana. (Contributed photo)
Oak Bay local signs with pro rugby team

Lachlan Kratz at 21 is now NOLO Gold’s youngest member

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Russ Ball (left) and some of the team show off the specimen after they were able to remove it Friday. Photo supplied
Courtenay fossil hunter finds ancient turtle on local river

The specimen will now make its home at the Royal BC Museum

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

A vial of some of the first 500,000 AstraZeneca COVID-19 vaccine doses that Canada secured. THE CANADIAN PRESS/Carlos Osorio
Canada’s 2nd blood clot confirmed in Alberta after AstraZeneca vaccine

The male patient, who is in his 60s, is said to be recovering

Most Read