Yes No Share to Facebook
Taking Judicial Notice
The Acceptance of Alleged Facts As True Without Evidence
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
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.
Per the Taylor case shown above, a court may take judicial notice and accept a fact as true when the fact is so commonly known and uncontroversial that proof of the fact is unnecessary.
Summary Comment
Judicial notice is a common law doctrine that allows a court to accept facts as true without the need of evidentiary proof.
NOTE: A significant quantity of online searches such as “lawyers nearby” or “top lawyer in” frequently indicates an urgent desire for effective legal assistance instead of a particular designation. In Ontario, certified paralegals are governed by the same Law Society that manages lawyers and are permitted to advocate for clients in specific litigation cases. Skills in advocacy, legal analysis, and procedural expertise are vital to this function. SFG Paralegal Services LLP provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at securing efficient and advantageous outcomes for clients.
