Yes No Share to Facebook
Taking Judicial Notice
The Acceptance of Alleged Facts As True Without Evidence
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 legal requirements for review before a judge takes judicial notice of a fact were well explained within the Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, case wherein it was stated:
[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.
NOTE: A significant quantity of online searches featuring “lawyers near me” or “best lawyer in” often indicate a pressing need for competent legal assistance rather than a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society that supervises lawyers and possess the authority to represent clients in specific litigation matters. Skills in advocacy, legal assessment, and procedural expertise are fundamental to this position. Access Ontario Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy directed at securing efficient and favourable outcomes for clients.