TORONTO - A judge says a charter fight over the denial of liver transplants to alcohol abusers can proceed.

The case involves the estates of two men who died from liver disease.

The University Health Network had refused them transplants because of their drinking.

The network argued it was not subject to the charter as a private entity, but the judge disagreed.

The men's estates challenged the constitutional validity of the policy that denied them transplants as a violation of their constitutional rights to life and equality.