MARRIAGE - Capacity to marry - Mental capacity - Annulment of marriage

Law360 Canada ( May 29, 2018, 8:40 AM EDT) -- Application by the Hunts for costs against the respondent Worrod, Legal Aid, and Worrod’s counsel. On June 18, 2011, K Hunt was involved in an ATV accident and sustained a catastrophic brain injury. On October 21, 2011, he was released from the hospital into the care of his two sons. Prior to the accident, K Hunt had been involved in an on-again/off-again relationship with Worrod for several years. Three days after he was released from the hospital, and unbeknownst to his sons, K Hunt was picked up outside his home by Worrod’s uncle. K Hunt’s sons were able to track their father to a hotel later that day, at which point they learned that their father had married Worrod that afternoon. K Hunt’s sons were appointed guardians of their father for the purpose of this litigation. In December 2011, they commenced an application for, among other things, an order declaring the marriage void ab initio on the basis that their father did not have the mental capacity to consent to a marriage with Worrod. They were successful on all their claims. Thomson acted for Worrod and Legal Aid financed Worrod’s litigation....
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