Questione giuridica chiave
Whether the cantonal authority arbitrarily refused to hear the proposed witness on proof of opposition
Decisione estratta
No. The authority could, by anticipatory assessment of evidence, conclude that the witness would not objectively prove timely filing of the objection.
Motivazione estratta
A right to evidence exists only for relevant, disputed facts and adequate, properly offered evidence. The cantonal court could deny the witness because of likely hierarchical ties and because the debtor had failed to secure better proof of dispatch.