Questão jurídica principal
Whether refusing expert evidence violated the right to be heard.
Decisão extraída
No. The cantonal court could refuse the requested expertise because the claimed economic loss and the attorney-fee amount were not sufficiently supported and the court could decide on an anticipatory assessment of evidence.
Fundamentação extraída
A right to evidence exists only for relevant and necessary proof. Since the court denied compensation for lack of proof of the existence and causation of the alleged loss, an expert on quantification would not have changed the outcome; counsel's hours and the applicable hourly rate could be assessed without an expert.