Questione giuridica chiave
Whether the cantonal court correctly held the appeal against the opposition decision to be time-barred.
Decisione estratta
The appeal period was not respected because the opposition decision was deemed served in October 2003, so the later filing in November 2005 was late.
Motivazione estratta
The Federal Court held that the service date was a factual finding reviewable only for manifest error or legal error. The cantonal court's assessment that the former representative's version was not credible and that earlier service was established by the overall circumstances was binding. For this stage, proof by preponderant probability sufficed; full proof was not required.