Questão jurídica principal
Whether the cantonal court violated the appellant’s right to be heard by closing the written exchange when forwarding the respondent’s submission.
Decisão extraída
Yes. Announcing that the written exchange was closed deprived the unrepresented appellant of a meaningful opportunity to comment, contrary to the right to reply.
Fundamentação extraída
Under Art. 29(2) BV and Art. 6(1) ECHR, a party must be able to comment on submissions. A court may not signal that the exchange is closed in a way that objectively prevents a reply; the brief note reserving possible evidence taking did not cure this.