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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
Facts that are notorious known, meaning so known that everyone with common knowledge would agree that the fact is true are facts for which a court may take judicial notice of the fact without requiring proof of the fact via some form of evidence. Examples of notorious facts include common knowledge that water is wet, the Sun is bright, and gasoline is flammable.
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
The taking of judicial notice involves a court accepting certain facts as true without the need of evidentiary proof and involves things so commonly known.
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