Key legal question
Whether the cantonal authority violated the appellant's right to be heard by failing to serve the respondent's filing of 14 December 2011
Extracted holding
Yes. That filing had to be served; the omission violated the right to be heard and required annulment and remand.
Extracted reasoning
The filing was a submission to the court and the parties had to be able to comment on it. The appellant could not be held to have waived the right because the existence of that filing was not apparent from the materials he received.