Questão jurídica principal
Whether the cantonal appellate court violated Article 29(3) BV by denying legal aid on the ground that the appeal was hopeless.
Decisão extraída
No. The appellate court could reasonably regard the appeal as having very poor prospects because the contract interpretation and the Article 404 OR objections were untenable.
Fundamentação extraída
Legal aid requires indigence and non-hopeless claims. The Federal Court held that the lower court's interpretation of the contractual change clause was not arbitrary and that the termination-to-untimely-termination argument failed, so the appeal lacked serious prospects.