Questione giuridica chiave
Whether the cantonal court violated the appellants' right to reply by deciding only days after serving the respondent's brief.
Decisione estratta
Yes. The appellants were not given an effective opportunity to comment on the response before the non-entry decision was issued.
Motivazione estratta
Under the Constitution and the ECHR, parties have an unconditional right to comment on the opposing party's submissions. A court may infer waiver only after a reasonable period; here the brief was served on 19 December 2012 and the decision issued on 22 December 2012, which was too short.