Key legal question
Whether refusal to order production of the criminal file violated the right to be heard or was arbitrary in evidence assessment.
Extracted holding
No. The requested file concerned facts that were not decisive because the appellant's liability depended on his own failure to supervise and ensure payment of social insurance contributions.
Extracted reasoning
The court held that anticipatory assessment of evidence was not arbitrary. The director's misconduct, even if established in detail, could not exonerate the appellant from his duty as association president, especially since he had collective signature powers and knew of the precarious finances.