An Ontario judge has dismissed David Orchard's lawsuit against the Progressive Conservative party over the proposal to merge with the Canadian Alliance.

CTV.ca News Staff

An Ontario judge has dismissed David Orchard's lawsuit against the Progressive Conservative party over the proposal to merge with the Canadian Alliance.

"The application is dismissed in its entirety," Superior Court Justice Russell Juriansz said in a written decision Friday.

Orchard and 22 other disgruntled Tories had been fighting not to stop the merger, but to ensure the Progressive Conservatives' historic name and assets were left standing after the creation of the new party.

Orchard's team argued the merger is not permitted under either the Canada Elections Act of the party constitution.

But Arthur Hamilton, one of the lawyers representing the Tories, said party officials had "followed the constitution and the bylaws" in drafting the proposal. Hamilton accused Orchard of using the courts as a stalling tactic.

Justice Juriansz acknowledged that his ruling had the potential to derail the merger.

"In this proceeding I was asked to make declarations that the PC party cannot merge, transfer its assets, or dissolve without the unanimous consent of every one of its individual members," Juriansz wrote.

"I have decided, based on the view I take of the law, that it is not appropriate to make such declarations.''

Under the act, "registered political parties may apply to merge into a single registered party,'' the decision said.

Oscar Johvicas, one Orchard's co-applicants in the suit, said an appeal is a possibility. Orchard would only say that he is open to the idea.

"We're going to examine all of our options and I want to consult with all of the other applicants on the case,'' he said.

Orchard offered to lend his support to Peter MacKay at the party's leadership convention in May, in exchange for a promise the party wouldn't merge with the Alliance. He has been furious when the merger plan was drawn up this fall.

Supporters of the union have argued that it will halt a decade of vote-splitting among conservatives that helped the Liberals cruise to three successive electoral triumphs.

Tory delegates will gather on Saturday for their own "virtual" vote. If delegates vote to merge, the union to create the Conservative Party of Canada will become official.

More than 95 per cent of Alliance members have approved the party merger, party leader Stephen Harper announced Friday.