Some of the best female ski jumpers in the world will take their fight to fly at the 2010 Winter Olympics to B.C.'s Supreme Court.
CTV News has learned that the jumpers will file a lawsuit Wednesday against Vancouver's Olympic organizing committee, alleging that not allowing women to compete is a violation of their Canadian Charter rights.
The group includes six of the top 10 current female jumpers on the highest competitive circuit, the Continental Cup: athletes from Germany, Norway, Slovenia, Austria, and two American jumpers.
A statement of claim is expected to be filed with the court Wednesday afternoon.
Their argument is similar to a complaint filed by the Canadian jumpers with the Canadian Human Rights Commission in 2007 -- that the Canadian government shouldn't be providing public money for an organization they say discriminates against women.
The International Olympic Committee maintains it doesn't discriminate and the sport has been kept out of the games because it doesn't meet technical standards.
VANOC couldn't be reached for comment.
The foreign jumpers won't be getting any support from their Canadian counterparts -- at least publicly.
Early this year, the Canadian jumpers settled their human rights complaint, with the condition the Canadian government would pressure the IOC to include them in 2010.
Jumper Katie Willis says she is standing by that settlement and the promised efforts of Canada's Secretary of State for Sport, Helena Guergis with the president of the International Olympic Committee, Jacques Rogge.
"I still have a lot of hope, I met with Helena, and she seemed really eager and she was going to go over there and was going to talk to him," said Willis.
But that settlement didn't stop foreign jumpers from filing suit.
While anyone in the world can file a discrimination suit in Canada, provided they plan to be in the country at some point, lawsuits that cite the Canadian Charter of Rights must be filed against a government organization.
Robert Holmes of the B.C. Civil Liberties Association said he's interested to see how the lawsuit develops.
"I can't question the motives of the people who are bringing this suit," said Holmes. "If they haven't been able to make progress by other means, then perhaps by bringing this lawsuit they'll get the IOC and VANOC to sit down and start discussing things at the table."
With a report from CTV British Columbia's Sarah Galashan