The province of Manitoba says it's not responsible for the death of a man who languished 34 hours in a Winnipeg hospital's emergency room.

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Brian Sinclair, a 45-year-old double amputee, died after waiting 34 hours in a Winnipeg emergency department in September 2008.

Court documents have been filed with the government's defence against a lawsuit filed by the family of Brian Sinclair.

Sinclair's relatives allege the province allowed the ER to operate even though it constituted a "public nuisance" and was "injurious to public health."

Lawyers for the province say the lawsuit is making "bald allegations" without any evidence to back them up.

Sinclair — a 45-year-old double amputee — died of a preventable bladder infection more than three years ago at the Winnipeg Health Sciences Centre.