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Taking Judicial Notice
The Acceptance of Alleged Facts As True Without Evidence
Does a Judge Always Need Evidence of a Fact?
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
Water is wet, the Sun is bright, gasoline is flammable, seasons occur because the Earth is tilted, among other notoriously known facts, rarely require proof by evidence or expert testimony within a legal proceeding. These notoriously known facts are facts for which a court may take judicial notice, meaning accept as true without evidence.
The Law
The legal requirements for review before a judge takes judicial notice of a fact were well explained within the Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, case wherein it was stated:
[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 explained in Taylor, judicial notice allows a court to accept as factual those facts that are so notoriously known and uncontroversial that evidence 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.
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