In Jordan v. Commonwell Mutual Insurance Group, 2025 ONSC 1086, Kelly Santini’s Pat Santini successfully represented the defendant Finnegan Insurance Brokers Ltd. in a motion for non-suit after trial brought jointly with co-defendant Commonwell Mutual Insurance Group. The plaintiffs sought over $140,000 in damages for losses to a hunting camp destroyed by fire in 2018, alleging that Finnegan failed to ensure adequate coverage and advise them about replacement cost limitations, and that Commonwell acted in bad faith by mishandling the file.

Justice Thomas Carey rejected those allegations and granted the defendants’ motions for non-suit, dismissing all claims. The court found no credible evidence that Finnegan failed in its duties or that Commonwell acted improperly. Justice Carey noted that the plaintiffs were aware their policy provided actual cash value coverage rather than replacement cost, and that their assumption to the contrary was unsupported by evidence. The court emphasized that the $54,000 settlement payment made by the insurer was appropriate and consistent with the policy terms. The judge further criticized the plaintiffs’ subsequent $10 million amended claim as “totally lacking any basis” and “counterproductive,” describing the case as a relatively simple insurance dispute that had been unnecessarily prolonged.

All claims were dismissed with costs in favour of both defendants.