Key legal question
Whether the cantonal court violated the appellant’s right to be heard by not forwarding the opponent’s letter of 13 December 2010.
Extracted holding
Yes. The opponent’s submission should have been communicated so the appellant could respond.
Extracted reasoning
The right to be heard includes the right to take knowledge of every submission and to comment on it. The cantonal file supported the claim that the letter was not transmitted; the violation was therefore established.