Law360 Canada (October 20, 2023, 6:29 AM EDT) -- Application by defendants for an order striking plaintiff’s claim for want of prosecution, or in the alternative an order for summary judgment dismissing the claim. AM commenced an action (Claim) against the defendants, both in her own right and as guardian for her two minor children. The claim was related to the tragic death of her husband, CM. The claim alleged that the daughter of AM and CM had been the victim of sexual assaults. Two individuals were charged, but the Crown advised AM and CM that they would not be proceeding with charges against one of the accused. CM was agitated by the decision. As a result, armed with an axe, CM went to a place. The responding officers located CM and advised him to get on the ground, but CM did not comply. Officers gained control of CM with the use of restraints and handcuffs. CM was read his rights and warnings, but he did not respond. CM died during the interaction with the police. AM’s statement of claim was issued followed by its amended statement of claim. The defendants informed AM that an application to strike would be filed if an appropriate response, with the requested information, was not received. However, no response was received by the defendants, and AM had not contacted the defendants’ counsel. The defendants’ application was heard. AM appeared on her own behalf but did not present argument in response to the application....