Taking Judicial Notice The Acceptance of Alleged Facts As True Without Evidence

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

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:

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

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.