Surrey victim of axe attack sues B.C.

Michael Levy claims the Criminal Victim Assistance Program failed to continue covering the costs of his care after he was paralyzed.

Michael Levy is suing the province and the Crime Victim Assistance Program.

Michael Levy is suing the province and the Crime Victim Assistance Program.

A Surrey teen who was paralyzed by an axe-wielding attacker 10 years ago is suing the agency responsible for assisting with his care.

On Oct. 28, 2006, Michael Levy attended a youth dance at Tynehead Community Hall.

A pair of teens punched Levy and broke a bottle over his head.

Then, Enrique Quintana sprayed him with pepper spray and hit Levy three times before striking him on the back of the neck with a hatchet, severing his spine.

As Levy lay helpless and unable to move on the floor, Quintana kicked him several times.

Levy was rendered a quadriplegic and remains confined to a wheelchair.

Quintana was sentenced to seven years, seven months in jail for the crime and has since been released.

In 2008, Levy sued several people, including the group that held the teen dance, the security company and a number of individuals.

He was awarded $2.1 million as part of those legal actions, and the province’s Criminal Victim Assistance Program (CVAP) was given $312,000 as part of the settlement to pay for Levy’s ongoing care.

On Monday, Levy filed a Statement of Claim against CVAP and the province, claiming the victims’ group failed to continue covering the costs of his care.

“The Defendants have breached the contract of settlement by curtailing and refusing to pay for care to which the Plaintiff was entitled,” the statement of claim says.

Levy is seeking an order to continue payment for those services, costs funded to date, or general damages and other costs.

Neither the province nor the CVAP have filed responses to the statement of claim as of yet.

Quintana was initially released from jail in March 2013, but breached his conditions three times that year, landing him back in custody several times.

He was granted statutory release in January 2015.