Questão jurídica principal
Whether the cantonal court acted arbitrarily by refusing to consider facts emerging from the judicial expert report because they had not been specifically pleaded and proved.
Decisão extraída
Yes. Under Vaud procedure, the court may consider facts revealed by a written expert report; refusing to do so solely because they were not pleaded emptied that exception of meaning.
Fundamentação extraída
The expert was mandated broadly and relied on multiple interviews and documents. If the judges had doubts about the report, they had to order supplementary evidence; they could not strictly rely on the adversarial principle to disregard the report's factual findings.