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

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Myrna Norman credits social activity for her success fighting dementia. (Special to The News)
Maple Ridge woman writes inspirational book documenting living with dementia

Myrna Norman has been an active community advocate for de-stigmatizing the debilitating disease

Betty Dubé with her daughters, campaigned for Maple Ridge mayor and was elected in 1974. (Maple Ridge Museum)
LOOKING BACK: Women involved in Maple Ridge politics for decades

A look at local women in public office as the U.S. inaugurates its first female vice president

Police tape is shown in Toronto Tuesday, May 2, 2017. (Graeme Roy/The Canadian Press)
CRIME STOPPERS: ‘Most wanted’ for the week of Jan. 24

Crime Stoppers’ weekly list based on information provided by police investigators

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

Hundreds participated in the Abbotsford Kisaan Tractor Rally on Sunday. (John Morrow/Abbotsford News)
Tractor rally in Abbotsford draws hundreds

Abbotsford Kisaan Tractor Rally occurs on Sunday

Beds are set up at the emergency response centre at the North Surrey Recreation Centre. (Contributed file photo)
26 people test positive for COVID-19 at Surrey emergency shelter

Centre located at North Surrey Recreation Centre

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A registered nurse prepares a dose of the Moderna COVID-19 vaccine in Halifax on Monday, Jan. 11, 2021. Yukon’s Minister of Community Services, John Streiker, says he’s outraged that a couple from outside the territory travelled to a remote community this week and received doses of COVID-19 vaccine. THE CANADIAN PRESS/Andrew Vaughan-POOL
Couple charged after travelling to Yukon to get COVID-19 vaccine

The maximum fine under the emergency measures act is $500, and up to six months in jail

Metis Nation of B.C. President Clara Morin Dal Col poses in this undated handout photo. The Metis Nation of B.C. says Dal Col has been suspended from her role as president. The Metis Nation of B.C. says Dal Col has been suspended from her role as president. THE CANADIAN PRESS/HO, Metis Nation of B.C. *MANDATORY CREDIT*
Metis Nation of B.C. suspends president, citing ‘breach’ of policies, procedures

Vice-president Lissa Smith is stepping in to fill the position on an acting basis

Prime Minister Justin Trudeau speaks in the in the House of Commons on Parliament Hill in Ottawa on Thursday, Dec. 3, 2020. THE CANADIAN PRESS/Justin Tang
Payette shouldn’t get same benefits as other ex-governors general: O’Toole

Former governors general are entitled to a pension and also get a regular income paid to them for the rest of their lives

Cascade Christian School in Chilliwack will be closed until Feb. 5, 2021 due to a cluster of cases in the school. The school made the decision to close “out of an abundance of caution,” says Fraser Health. (Cascade Christian School image)
COVID-19 cluster leads to closure at Chilliwack Christian school

Cascade Christian School makes decision to close after seven people test positive for COVID-19

Most Read