Questão jurídica principal
Whether the missed cantonal appeal deadline should be restored under § 89 lit. b ZPO-SO.
Decisão extraída
Restoration was denied because the late filing was attributable to serious deficiencies in the law firm’s office organization, so the appellant was at fault within the meaning of the cantonal rule.
Fundamentação extraída
The Court upheld the cantonal court’s view that the decisive cause was not merely an isolated mistake by a helper, but unclear responsibility for mail handling, inadequate instructions, and insufficient organization of the mail workflow in a large law firm. This could not be shown to be arbitrary.