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.
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.