Taking Judicial Notice

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

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 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:

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

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.