A cancer patient in St. John's has taken his fight over the cost of parking at hospitals to court.

Tom Badcock has filed a statement of claim against Eastern Health, and had his first hearing on Monday morning.

He said the health authority's parking fees break the Canada Health Act, which says there should be no financial barrier to access healthcare.

"They are charging people to see their doctors. For me, it's not a tremendously big issue for me to have to pay five dollars for parking," said Badcock. "But there are a lot of people out there who can't afford to pay $5, $10, $50, that it costs. In Toronto, I believe, it costs $54 a day to park at a hospital. That is absolutely ridiculous."

Refused to pay bill

Badcock refused to pay his parking bill when he went for a medical appointment at the Health Sciences Centre in St. John's on Oct.10. Eastern Health officials called the police on the matter. Badcock responded by saying he'd fight the issue in court.

The Canadian Medical Association Journal published an editorial on Nov. 28, 2011, which said that hospital parking fees should be abolished. The CMAJ claimed the fees contradicted the principle of Canada's universal health care system.

Eastern Health's lawyer has argued to have the lawsuit dismissed

The case will be called again in February.

Badcock is representing himself.