THE family of a man who died after sitting in the emergency room at Health Sciences Centre is appealing a court ruling that said he can't sue health authorities for violating his right to life because he's dead.
In a statement released on Monday, Brian Sinclair's family and their lawyer, Vilko Zbogar, said the appeal will be heard on Wednesday. A full day has been scheduled to hear the matter in Court of Queen's Bench.
The statement said the appeal is against the ruling of Court of Queen's Bench Master Shayne Berthaudin, who last year dismissed the $1.6-million lawsuit in relation to the 45-year-old Sinclair's death, saying they didn't have a case because no one other than Sinclair himself could sue for violating his right to life.
Sinclair, a double-amputee, was found dead in his wheelchair in HSC's emergency waiting room on Sept. 21, 2008.