Yesterday, Justice Robert Reilly agreed in Kitchener to hear claims that the retired Waterloo developer is the victim of a malicious prosecution by Ottawa, said Oberlander's lawyer, Eric Hafeman.

The ruling halts deportation proceedings and opens the door for Oberlander, 79, to pursue the federal government over the way it has prosecuted him, Hafeman said.

"Now, they're on trial," said Hafeman. "It's a major victory."

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Hafeman expects he will seek depositions from at least three former cabinet ministers over the Oberlander case. He named Elinor Caplan, Allan Rock and Anne McLennan.

But he expects the politicians will resist and he anticipates the government will challenge the ruling that Reilly can hear the case.

The government has denied acting in bad faith.

Since 1995, a court has ruled that Oberlander belonged to a death squad that murdered thousands of civilians. mostly Jews, in the Ukraine from 1941 to 1943.

A court has also ruled that Oberlander lied about his membership in the killing unit in emigrating from Germany in 1954.

But Ottawa has presented no evidence that Oberlander committed any war crimes.

Hafeman intends to ask Reilly to strike a cabinet decision revoking Oberlander's citizenship.

He will argue that his client's constitutional rights were violated by the government's heavy-handed pursuit.