"This is a case about patients being able to care for their own health when the government won't provide it," he said.
The B.C. Supreme Court will hear, possibly later this spring, his argument that Canadians have a right, under the Charter, to access necessary and appropriate health care within a reasonable time - something he says does not exist in B.C.
"The only way the government can win, in my view, is if they can show that wait lists are not a problem."
Health Minister Terry Lake told reporters last week that the reason some waiting lists are growing is because the healthcare system is doing more surgeries. "But I have asked our provincial surgical advisory committee to look at the situation, because I think we can do better ... One of my real desires is to reduce those wait times."