September 4, 2015


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Manitoba court denies appeal by Brian Sinclair estate

The Manitoba Court of Queen’s Bench denied an appeal from the estate of Brian Sinclair regarding his much-publicized wrongful death lawsuit.

The court upheld a ruling the estate did not have the right to make a claim for the breach of his right to life under the Canadian Charter of Rights and Freedoms.

A family member holds a portrait of Brian Sinclair.

WAYNE GLOWACKI / WINNIPEG FREE PRESS ARCHIVES

A family member holds a portrait of Brian Sinclair. Photo Store

Tuesday’s ruling stated that only people who are alive have the right to sue for an infringement of their own life.

Sinclair, a disabled, homeless aboriginal man, died in a Winnipeg hospital waiting room in September 2008 after spending more than 30 hours waiting for care8.

The court also upheld two other rulings:

  • that a member of Sinclair’s family cannot sue the hospital for wrongfully making Sinclair’s personal health information public, and
  • the estate cannot file against the province for its role in the operation of the medical facility.

Members of Sinclair's family say they plan to appeal Tuesday’s decision.

 

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