A woman who surreptitiously married her ex-boyfriend after he suffered a “catastrophic” brain injury spent six years fighting his family in court — paid for by Ontario’s taxpayer-funded legal aid system.Now, in a landmark decision, Ontario Superior Court Justice Edward J. Koke has ruled that Legal Aid’s ongoing support of Kathleen Anne Worrod was an “abuse of process” that undermined the public interest and wasted precious judicial resources meant for low-income Ontarians.Worrod’s case forced the family of Muskoka landscaper Kim Kevin Hunt, 57, to needlessly spend hundreds of thousands of dollars of its own money on legal bills, the judge said, ruling that Worrod and Legal Aid are now on the hook.It is the first time that Legal Aid Ontario has been ordered to pay costs in a losing case it funded. Justice Koke ordered $385,279.54 be reimbursed to Hunt’s family to help offset the expense of their court fight.Hunt’s sons started legal action against Worrod in 2012 to have her secretive marriage to their father voided, saying he did not have the mental capacity to consent. She fought back, saying she wanted to stay married and claimed ownership of his house.Half of the $385,000 must be paid by Legal Aid. The judge said Worrod is responsible for the other half, but noted that she has no assets and works at a Tim Hortons in British Columbia so is unlikely to pay.“If there was ever a case which cries out for full recovery costs against a respondent this is it,” Koke wrote in his April 17 decision. “Ms. Worrod’s marriage to Mr. Hunt was arranged through trickery and deceit.”Legal Aid said it is not liable for costs, typically paid by legal losers to the winners. A Legal Aid Ontario spokesperson said it considers itself a “funder” of legal services, not a lawyer or “party,” to be held liable.“We are currently considering our options in terms of next ste ...
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