Man paralyzed in hatchet attack sues province for failing to keep up with care costs
When Michael Levy was 18, he was attacked by three other teens at a youth dance in Surrey, B.C. The three 17-year-olds were armed with bottles, bear spray and a hatchet.
His spinal cord was severed during the attack, leaving him quadriplegic and confined to a wheelchair, and the province's Crime Victim Assistance Program agreed to pay for his ongoing care.
That was in 2006. Now, 10 years later, Levy is suing the province for allegedly refusing to increase his payments to match the climbing costs of his care as his caregivers' rates increase over the years.
According to the lawsuit, costs have also increased for Levy since moving out of his mother's house and into his own home, changing his care needs. The suit alleges the province has also refused to compensate for the resulting care cost increases.
Teenage attackers sentenced as adults
In 2007, the three 17-year-old boys who attacked Levy were all found guilty of aggravated assault with a weapon. A fourth, accused with being an accessory to the crime, was acquitted.
Though they were 17 at the time of the attack, all three were sentenced as adults. In late 2007, Robert Alexander Green was given three years in jail, and Tuan Minh Nguywen was given a 20-month conditional sentence to be served in the community.
The attorney general ordered a review of their sentences after the two appeared to laugh when their sentences were handed down.
Several months later, Enrique Quintana — who wielded the hatchet in the attack — was sentenced to 10 years in prison. That was eventually reduced to seven and a half years to compensate for time served before the sentencing.
According to the newly filed lawsuit, Levy received a $2.1 million settlement in 2009 from a number of other parties involved in the case, including Ram Security and the Tynehead Community Association, on whose property the attack occurred.
In addition to not compensating for increasing costs, the suit also alleges that the province refuses to pay for treatment for Levy's pressure sore ulcers.
A spokesperson for the Ministry of Public Safety and Solicitor General was unable to provide comment, saying the province had not yet been served with the notice of claim.
