Man attacked with axe sues victim assistance program
Says program refused to cover increases in care fees
A man who was left a quadriplegic after being attacked by an axe-wielding assailant is suing B.C.’s crime victim assistance services program for allegedly breaching an agreement to help the crime victim.
On Oct. 28, 2006, Michael Levy was attending a dance at Tynehead Hall in Surrey when he was surrounded by three teens, had a bottle broken over his head and was punched in the head.
Then one of the teens hit Levy on the back of the neck with an axe. When Levy fell to the ground, the teen struck him several more times in the body and sprayed him with pepper spray before kicking him.
Levy’s spinal cord was permanently injured, rendering him a quadriplegic.
The provincial Crime Victim Assistance Program accepted Levy as a victim of crime, and agreed to fund his care.
In 2008, Levy started civil proceedings against the people who assaulted him and others whose negligence allegedly contributed to his injuries.
After a mediation was held in December 2009, Levy’s claim was settled. A representative of the crime victim assistance program participated in the mediation and entered into the contract of settlement.
According to a new lawsuit filed by Levy in B.C. Supreme Court in Vancouver and naming the program as the defendant, the defendants to the settlement agreed to pay Levy more than $2 million.
The settlement also called for the defendants in the earlier litigation to pay the crime victim assistance program $312,000 on account of money spent on Levy’s care to that point.
The program agreed to continue to fund Levy’s care without seeking repayment over and above the amount of $312,000 paid for support to date, says the new lawsuit. After the settlement, Levy moved into his own home.
The new lawsuit claims the program has refused to pay the incremental increased costs for attendant care services for Levy that have risen over time as the rates charged by caregivers have gone up.
It also claims the program refused to pay for wound care services for treatment of Levy’s pressure sore ulcers.
“The defendants have breached the contract of settlement by curtailing and refusing to pay for care to which the plaintiff is entitled,” the suit states.
A spokeswoman for the program, which is run by the ministry of public safety and solicitor-general, said in an email the government had not yet been served with notice of the civil claim and cannot respond.
“The response of the ministry will be available through the court once it is filed,” the email stated.