Morgentaler wants medicare to pay the $750 fee for each abortion in his Fredericton clinic, and last week the New Brunswick Court of Appeal cleared another hurdle that the province erected to block the court challenge.
Peggy Cooke, who works at the clinic, hopes the province will stop stalling the legal process.
"So I think they're kind of waiting for him to give up and waiting for him to be incapable of doing it anymore," she said.
Morgentaler is 86 years old and there have been reports his health has been declining.
Morgentaler's name is on the lawsuit. His death would force another plaintiff to restart the legal process.
New Brunswick is considering appealing the last ruling that went against it to the Supreme Court of Canada. It is still arguing that Dr. Morgentaler doesn't have standing even though two courts in NB have ruled he does.
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