WINNIPEG - The family of a homeless man who died waiting in a Winnipeg hospital emergency room says the province is to blame.
In court documents filed Friday, Brian Sinclair's relatives say the province allowed the ER to operate knowing it was dangerous.
Sinclair -- a double amputee -- died of a preventable bladder infection three years ago during a 34-hour wait at Winnipeg's Health Sciences Centre.
An inquest has been called but it has been delayed by court action and a criminal investigation.
The statement of claim alleges the Manitoba government allowed an ER to operate which was -- quote -- "injurious to public health."
Lawyers say this is the first time a Canadian court will be asked to consider whether a government's health-care management could constitute what the claim alleges is a "public nuisance."
