Is this a preliminary victory for the respondent?
Canada (Federal), Canada
The following excerpt is from Bernath v. Canada, 2009 FC 341 (CanLII):
That being said, the respondent should understand that this is but a procedural and preliminary victory. He will eventually have to identify precisely the principle of fundamental justice, if any, on which his position is based. The judgment of this Court in Prentice v. Canada, 2005 FCA 395 (CanLII), clearly demonstrates that it is not an easy task.
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