David Orchard is asking the courts to put a stop to the merger between the Canadian Alliance and the Progressive Conservatives. The former Tory leadership candidate launched a court case Friday against the merger plan.

Orchard appeared with a group of merger opponents in Toronto to announce the suit against the merger proposal, which he says amounts to a coup against the party that founded Canada.

"We're fighting to hang onto Canada's oldest political party," said Orchard, who helped MacKay win the leadership five months ago on a promise to fight any merger.

"It cannot be hijacked from us in this way. It cannot be taken away from us. It cannot be signed out of existence." Orchard even had the great grand-niece of John A. MacDonald, Canada's first prime minister, and a Tory to boot, with him.

The lawsuit names current Tory boss Peter MacKay specifically, and asks the Ontario Superior Court to declare that he violated the party's constitution.

I'm not overly concerned with this lawsuit," MacKay said. "We will defend it vigorously."

Stephen Harper, leader of the Canadian Alliance, was quite acerbic, saying, "One anti-free trade farmer from Saskatchewan doesn't have a veto over what Conservatives in this country can do."

Last June, MacKay promised Orchard he would not engage in merger talks with the Alliance. In return for that pledge, Orchard gave MacKay his support in the leadership campaign, which was enough to secure a victory.

The case will be heard in Toronto next Wednesday.

Constitutional lawyer Ed Morgan, when asked if he thought the suit stood a chance, replied, "If I were a betting man, I would say most judges in Canada would view this as an attempt to use the judicial forum for political gain."

Scott Brison, who ran for the Tory leadership and who is considering seeking the new party's leadership, put it this way: "If you could sue politicians for breaking promises, then there'd probably be a plethora of lawsuits after every election."

Tory cabinet minister Sinclair Stevens has launched an action of his own with a group of other Tories. His group believes that the structure for voting on the party merger is unconstitutional.

Party delegates from 20 regional hubs will vote by teleconference Dec. 6 on the merger. The support of two-thirds of Tory delegates is required to ratify the merger and create a new Conservative Party of Canada. Stevens argues the vote must be secret.

Stevens, along with other prominent Tories, have called for a full national convention to debate the union. The present plan is unethical and fundamentally undemocratic, they say.

MacKay told reporters Thursday that he believes that a united Conservative party will be able to form a minority government.

"There's no shortcuts to this. We are going to have to earn it the old fashioned way that's with good candidates, good policy and just hard work," he said after meeting with about 60 supporters of the party merger.

A new Conservative Party will be able to attract moderate voters because Paul Martin will focus on Liberal social values to thwart the resurgence of the New Democrats, MacKay said.

The only path to government, however, is for a reunification of the Conservative family after years of separation, he added.