Taking Judicial Notice

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

The Principle of Judicial Notice Allows a Judge to Accept a Fact As True Where the Fact Is So Notoriously As True and Uncontroversial That Evidence Is Unnecessary.

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:

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.