Kernrechtsfrage
Whether the cantonal court arbitrarily ignored evidence that the complainant knew of the defendant's changed financial situation for complaint-deadline purposes.
Extrahierter Entscheid
Yes. The appellate court overlooked a record showing disclosure of the loss of SUVA benefits in the presence of the Scarpa representative, so its statement that no evidence existed was untenable.
Extrahierte Begründung
Arbitrariness in fact-finding exists when a court disregards a relevant piece of evidence without reason. The minutes from 14 December 2001 were ignored, and the decision did not show whether the evidence was assessed or entirely overlooked.