Taking Judicial Notice

Does a Judge Always Need Proof That a Fact Is True?

Where a Fact Is So Notoriously Known As Being True a Judge May Take Judicial Notice of the Fact Without Requiring 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 circumstances or legal criteria required for a judge to determine that a fact may be deemed true by judicial notice rather than via some form of actual evidence was explained within, among other cases, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, wherein it was said:

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

Judicial notice is a common law doctrine that allows a court to accept facts as true without the need of evidentiary proof.