Are Some Facts So Obvious That a Judge Can Deem a Fact As True Even Without Evidence?
The Requirement of Proving That a Fact Is True Becomes Unnecessary Where the Fact Is Notoriously Known and Uncontroversial. For Such Facts a Judge May Simply Take Judicial Notice of the Fact Without Need of Any Evidence.
Understanding the Principle Known As Taking Judicial Notice Without Evidence of Notoriously Known Truths
There are facts that are so notoriously known as true that anyone with common knowledge would agree that the fact is true. In such a circumstance, a court may accept the fact as true, by taking judicial notice of the fact, without requiring any proof of the fact. Examples of notoriously known facts include knowledge that the Earth is round, and the Sun is bright.
Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.
The Law
The principles for taking judicial notice were recently explained by the Court of Appeal within the case of Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, wherein it was said:
[30] The concept of judicial notice allows a court to receive “facts” that are “so notorious or uncontroversial that evidence of their existence is unnecessary”. This does not allow parties “to put before the court controversial evidence to the prejudice of the opposing party without providing a proper opportunity for its truth to be tested”: Public School Boards’ Assn. of Alberta v. Alberta (Attorney General), 2000 SCC 2, [2000] 1 S.C.R. 44, at para. 5. The threshold for judicial notice is strict since the facts are not proved by evidence under oath nor tested by cross-examination: R. v. Find, 2001 SCC 32, [2001] S.C.R. 863, at para. 48.
As shown within the Taylor case, a court is permitted to accept a fact as true without proof, by taking judicial notice, when the fact is so well known as true that proof becomes unnecessary.
Summary Comment
Taking of judicial notice involves a process by which a court accepts certain facts as true without the need of proof by way of evidence. The taking of judicial notice is a fairly common procedure and involves facts that are commonly known and without any genuine controversy.
NOTE: A significant quantity of inquiries related to “lawyers nearby” or “top lawyer in” frequently indicates an urgent necessity for proficient legal representation instead of a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society that oversees lawyers and are empowered to act on behalf of clients in specified litigation matters. Skills in advocacy, legal analysis, and procedural know-how are fundamental to that position. Freed Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy aimed at securing effective and advantageous resolutions for clients.
